Closed petition Record all proceedings at magistrates’ courts

Closed on 30 May 2024

Proceedings within Magistrates Courts are not recorded. That means anything said in court is not recorded, unlike in a majority of courts. Magistrates have the power to imprison defendants for up to 6 months and without a record, defendants cannot prove issues such as perjury on oath.

The government has an obligation to ensure defendants have a right to a fair trial, which I believe should mean defendants having the ability to seek a transcript of proceedings in the event that perjury or other inconsistencies have been identified. Unless there is a recording, it is not possible to get the evidence required. This in other happens courts, such as Crown and Family (Civil), so when a Court has the ability to impose such sanctions, we believe the Right to a Fair Trial should involve recording.