15.
Criminal Business in the High Court and District Court
over
Subject to the High Court's exclusive jurisdiction certain high crimes the District Court's criminal
Court's criminal jurisdiction is unfettered save that its sentencing power is limited to imprisonment for seven years.
That limit is one of the considerations by which the Attorney-General determines the venue ¡over which he has exclusive control) for each case. That consideration has in recent years led to a higher proportion of serious robbery cases in the High Court. To increase the sentencing power of the District Court to (say) ten years would, therefore, attract cases from the currently overloaded High Court to the underloaded District Court and thus make better use of judgepower.
16.
That proposal is not universally liked partly because trial in the District Court is by judge alone and it is thought that the power to impose a long sentence without a finding of guilt by a jury may seen oppressive. In fact the possibility of introducing trial by jury in the District Court may be brought forward for consideration of its merits. I do not regard that very important question as being within my terms of reference since it goes to the quality of justice rather than the effectiveness of its administration. It is sufficient for me to
me to say that other things being equal the efficiency of the system as a whole could be improved by relieving the High Court of the bottom end of its criminal business and that the District Court has the competence to take it. On the other hand, to introduce trial by jury without the support of shorthand writers or sound recording would be a source of inefficiency; the burden on the judge would be too heavy and the pace of the proceedings too slow.
27.
It looks as though increased sentencing power may not have sufficient support without a right to trial by jury. Two possibilities are worth considering: in one the accused could elect whether to be tried by judge and jury or judge alone; in the other the District Court would have a discretion to commit to the High Court for sentence.
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