Paralegals will handle traffic matters in the ACT Magistrates Court, as the ACT Office of Director of Public Prosecutions seeks a more efficient use of its resources.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
But the ACT Bar Association opposes the plan, which it says could increase already problematic delays in court.
The Director of Public Prosecutions, Jon White, said a major focus for his office over the next year would be giving greater attention to significant cases.
The move means prosecutors would spend less energy on minor proceedings before the Magistrates Court.
"For example the preparation of straightforward traffic matters will be handled by paralegals," Mr White wrote in his 2013-14 annual report.
"Ultimately, they could even be dealt with in court by experienced paralegals appearing by leave."
Mr White said the change had been prompted by a need to use his resources more effectively.
ACT Bar Association president Shane Gill said the proposal would not be fair for the prosecution, the defence or the court, and would be a backward step in the administration of justice.
"Qualified lawyers must appear in court for both the defence and the prosecution to ensure that justice is effectively administered," Mr Gill said.
He said legislation governing the DPP did not allow for prosecutions to be run by a paralegal.
He argued paralegals, by their very nature, were not qualified to conduct prosecutions.
"They do not have a right of appearance in courts as they have not been admitted to practice.
"Legal practitioners undertake significant legal and advocacy training and operate according to strong ethical obligations.
"There are consequences if legal practitioners fail to perform their legal duties. What will those consequences be for paralegals?"
However, Mr White hinted the step could be avoided if the court reformed its listing practices.
The seasoned prosecutor said the Magistrates Court appeared to be feeling the pressure from an increase in business.
"For some years we have been awaiting initiatives to assist in more efficient listing such as a separate bail court, the abolition of case management hearings and the streamlining of listings of hearings. Unfortunately those reforms are yet to be implemented," Mr White wrote.
"Other worthwhile reforms suggested by my office, such as the creation of a separate traffic list, have not found favour.
"The consequence of all of this has been that delays are increasing in the Magistrates Court, just as they are decreasing in the Supreme Court."
Mr White also outlined a significant step his office had made towards filing briefs of evidence electronically.
The silk said the shift had been in line with the whole-of-government change towards electronic service delivery.
Mr White said the move would also include the presentation of evidence in court.
"Much has already been achieved within the office by way of electronic dissemination and storage of material," he wrote.
