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1.4. Research method


The brief to prepare this report was developed by the National Crime
Authority, who requested the Australian Institute of Judicial Administration
to act in a supervisory capacity. In April 1992 the NCA requested the authors
to prepare the Report, and provided funding for approximately twelve days work
by each author. As is the nature of such Reports, it has taken considerably
more work than that, and has been prepared on a part-time basis over the past
year.

The Report does not involve any new empirical research into the uses of
particular technologies. It is essentially a synthesis of existing research
and experience, Australian and overseas. Literature searches have been
conducted, including very valuable searches of legal databases on CD-ROM, and
the LEXIS/NEXIS databases. A Bibliography of works referred to is annexed.

Visits of less than two days each were made to Victoria, South Australia and
Western Australia for discussions and demonstrations of developments in those
jurisdictions. Interviews were also conducted in New South Wales. Many of
those consulted are identified in the Acknowledgments. First hand
investigation in other States and Territories has not been possible. In July
1992 one of the authors travelled to the United States on other business. One
day visits were made to the Administrative Office of the United States Courts
in Washington DC, and the National Center for State Courts in Williamsburg,
Virginia, respectively the principal centres responsible for dissemination of
information technology to federal and state courts. In February 1993 one of
the authors interviewed Tompkins J in New Zealand concerning the Equitycorp
trial. First hand investigation in other countries has not been possible.

In June 1992 we presented an extensive paper (Greenleaf and Mowbray (1992))
detailing our initial findings, and containing thirty draft recommendations,
to the National Crime Authority's National Complex White Collar Crime
Conference (NCA Proceedings (1992)). The same paper was provided to delegates
to accompany presentations to the Australian Institute of Judicial
Administration's Annual Conference in August (AIJA Proceedings (1992)) and to
the Association of Litigation Support Manager's Conference in August (ALSM
Proceedings (1992)). Approximately 350 copies of the 'draft' paper were
therefore disseminated to key decision-makers in the area of complex trials
and litigation support by these means. We invited written responses from the
audience in each cases but, regrettably, few were received. A number of other
copies of the 'draft' paper were disseminated, but we relied principally on
dissemination at these conferences. The final draft of this Report was also
circulated to our AIJA referees, and comments obtained.


Recommendations by the NCA Conference


Delegates to the National Crime Authority's Conference in June passed the
following Conference Resolutions in relation to our draft Recommendations (see
Appendix 4) :

   The conference sees development and use of information technology as
   of key importance in the efficient conduct of jury trials in complex
   cases.
   
   It expresses its general approval for the draft recommendations
   prepared by Graham Greenleaf and Andrew Mowbray in their report to the
   AIJA. It urges early and favourable consideration of them, when
   finalised, by Governments and their agencies and the courts.
   
   Those draft resolutions dealing with the use in court of information
   technology material should be taken into account now in the drafting
   of new procedural and evidence provisions.
   
   It is seen as especially important that a national co-ordinating body
   disseminate information and advice concerning information technology
   for those involved in criminal trials.
   
   It is necessary in order to fully benefit, that all parties have
   proper access to technological support systems used in the trial
   process. To facilitate this, it maybe necessary to have additional
   specific government funding as neither legal aid agencies and
   prosecuting authorities may have the resources. It is the view of the
   conference that significant savings overall can be made if this is
   done.
   
The Recommendations in this Report do not depart in major respects from the
draft recommendations presented to the NCA Conference, but the wording or
emphasis of some recommendations has changed, and the functions of the
proposed national coordinating body has been expanded.



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