In short:
The Victorian Liberals and Nationals are proposing to split the existing Court of Appeal into separate criminal and civil appeal courts. A new Court of Criminal Appeal would use specialist criminal judges to hear appeals and establish legal precedent.
Proposal To Split Appeal Courts
The Victorian opposition has proposed creating a standalone Court of Criminal Appeal as part of changes it says it will make to the justice system if elected in November.
Opposition Leader Jess Wilson announced on 23 August that a Liberal and Nationals government would split Victoria’s existing Court of Appeal into two separate bodies — a Court of Criminal Appeal and a Court of Civil Appeal.
Under the proposal, additional judges specialising in criminal matters would be appointed to the new criminal appeals court.
The Court of Criminal Appeal would hear criminal appeals and establish precedent when interpreting criminal law, including proposed changes to bail and sentencing laws.
The Coalition says separating criminal and civil appeals would allow judges with specialist criminal law experience to focus on serious criminal cases and the interpretation of sentencing legislation.
Cost Of Structural Overhaul Not Outlined
It also says the change is intended to bring sentencing for serious offending closer to community expectations.
However, the proposal would not give the new court unrestricted power to increase sentences. Judges would remain required to apply legislation and established legal principles when deciding appeals and setting precedent.
Wilson said the court would play a role in implementing tougher bail and sentencing laws the Coalition intends to introduce if it wins government.
The proposal would represent a structural change to Victoria’s appeals system rather than the creation of a new level of court.
The Coalition has not provided further detail on the number of additional judges, the cost of establishing the separate court or when it would begin operating.
