Client Services in Local Courts Principles, Standards and Benchmarks


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Public Trust and Confidence
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Principle 5: Public Trust and Confidence

Policy Context

The court is a public institution. The public has a special place in the courts, as spectators and jurors as well as 'clients' or 'customers'. The court's public includes:

  • legal practitioners,
  • individual parties to a case,
  • individuals or company representatives seeking advice or service from the court,
  • communities of interest or collectives with an interest in the processes and outcomes in particular cases or types of cases,
  • members of the public attending as spectators in person without a specific interest in any case (including educational groups) and
  • a mass public who are aware of the courts through the mass media or hearsay.

 

Each of these groups has different needs for and opportunity to participate in or understand the business of the court. The court's means of communicating with the public has rested traditionally on a face to face model; this has been transformed by the mass media and information society. Despite these changes in form, the public's role vis-a-vis the courts remains fundamental to the court's place in society.

The principle of 'public trust and confidence' is particularly important because of this relationship of the court to the public.

Public trust and confidence is related to the other four principles in the sense that the public must be confident that standards are being met. The public should be encouraged to judge the court in terms of these standards, since these are the standards of the court itself, derived from broader values of a democratic society and constitutional tradition. The application of standards of public trust and confidence should promote awareness of all five principles covering the court.

Standard 5.1 requires the court to monitor the public's views of its performance.

Standard 5.2 covers the court's dealings with the media as a major source of public opinion.

Standards 5.3 and 5.4 promote public understanding of the court's role as an accessible public institution.

Standards 5.5 to 5.7 seek to ensure that the court is seen to comply with key principles of access, timeliness and fairness.

Standards 5.8 and 5.9 focus on the ways in which the court's institutional independence is projected to the public.

Standard 5.10 promotes the involvement of court users in the review process.

STANDARDS

BENCHMARKS
Assessing and fostering public confidence
Court's relations with court users
5.1

The court monitors its standing with its users.
5.1.1

The court conducts surveys of users' satisfaction and perceptions of the court's compliance with standards.

Daily checklist
Central review

5.1.2

The court has a functioning users' forum which meets regularly, and operates according to guidelines established by the Chief Magistrate.

Daily checklist
Central review

5.1.3

The court has a formal procedure for registering, dealing with and regularly receiving feedback, which is known to all staff and communicated to court users.

Daily checklist
Central review

Court communicates with media and the public.
5.2 The court recognises its responsibility to communicate with the public and the media
5.2.1

The court monitors the media and has in place procedures to assess and address any shortcomings in communication or the quality of information disseminated.

Daily checklist
Central review

 
5.2.2

The court has a policy on contact with the media which is known and respected by court staff and all media attending the court regularly and which is consistent with any policies of the Attorney General's Department or Chief Magistrate.

Daily checklist
Central review

 
Court standing in the community
Public awareness
5.3 The public is aware of the functions and facilities of the court.
5.3.1

The court's facilities and services are used by an appropriate cross section of its local community in the full range of its services including:

  • civil claims (unrepresented plaintiffs)
  • Chamber Magistrate.
Daily checklist
Central review

 
5.4 The public is aware that the court sittings are open to the public.
5.4.1

Each courtroom has a sign on the door clearly and accurately indicating whether the session is open or closed to the public.

Central review
 
Public perception of the court
Access to justice
5.5 The public views the court as accessible to them ie to 'ordinary citizens' in their situation.
5.5.1

In response to public opinion polls, increasing numbers of people agree that the court is accessible and not 'just for the rich' or 'just for criminals'.

Daily checklist
Local review
Peer review

Expedition and timeliness
5.6 The court accurately informs the public of what to expect from its processes.
5.6.1

Publications of the court, including forms, summonses and explanatory materials, are in readable plain English, with an indication in community languages of means of translation, and clearly indicate mandatory and optional courses of action.

Central review

5.6.2

Parties attending court to appear are promptly and, as far as possible, accurately informed of likely waiting times and adjournment procedures.

Daily checklist
Central review
 
Equality, fairness and integrity
5.7 Court proceedings are conducted with dignity and in such a way that all parties and the public have an equal opportunity to understand them.
5.7.1

Proceedings are clearly explained to unrepresented parties.

Daily checklist
Central review
 
Court seen as independent
5.8 The court house is sited, constructed and signposted in such a way that it projects to the public its position as an independent institution.
5.8.1

The court house is clearly seen to be a building distinct from the police station:

  • it has a separate entrance from the police station;
  • it is preferably well removed from the police station;
  • signs clearly distinguish it from the police station.
Daily checklist
Local review

 
5.9 Court staff deal with the public and all parties and professionals with respect and without favouring one or another.
5.9.1

Magistrates, registrars and court staff deal with each other and with all parties, witnesses, legal representatives and prosecutors in a manner that is seen to be impartial, by avoiding, for example:

  • unnecessarily technical, formal or obscure language
  • in-jokes;
  • special relationships between the Magistrate or registrar and representatives of one side or another indicated by leaving the courtroom through the same door, or socialising in the public precincts of the court;
  • personal conversation from the bench;
  • special treatment of police or prosecutor at the court counter.
Daily checklist
Central review

 
Public involvement in the review
5.10

Court users are aware that the court should be performing in accordance with standards in the areas of:

  • access to justice
  • expedition and timeliness
  • equality, fairness and integrity
  • independence and accountability
  • public trust and confidence.
5.10.1

The court users are made aware of the review of the court and of the standards by which the review assesses court performance. Their comments are invited.

Daily checklist
Central review
 
5.10.2

A suitable version of the results of the review, agreed with the court personnel, is distributed and discussed at a court users' forum.

Daily checklist
Central review

 

 

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