Context and Controversies of Australian Courts

As with most criminal justice systems internationally, the Australian system is not immune from controversy-both historically and contemporaneously. The arrival of the First Fleet in 1788 imposed monumental and ongoing systemic change for First Nations peoples, the impacts of which remain. This chapter is divided into two parts. The first charts the development of courts within the Australian criminal justice system, both historically and theoretically. The second identifies controversies which exist across various Australian court jurisdictions. A critical role of a justice system is to ensure fair and equitable access to all its systems and processes. To this end, five critical matters can be considered when contemplating access to the courts: (i) access to and financial imposts of legal representation; (ii) physical infrastructure; (iii) access to rehabilitation options; (iv) justice delays; and (v) participatory justice.