Victoria’s Coalition opposition has announced plans to create a separate Court of Criminal Appeal if it wins the state’s November election.
The proposal would split Victoria’s existing Court of Appeal into two separate courts, with one focused on criminal matters and the other dealing with civil appeals.
Opposition Leader Jess Wilson said the change would ensure that serious criminal cases and sentencing appeals were handled by judges with specialist experience in criminal justice.
The Coalition has presented the proposal as part of its broader law-and-order platform, arguing that Victoria’s justice system needs to deliver stronger consequences for serious offending.
Wilson said Victorians were frustrated by cases where offenders were released on bail or received sentences that did not appear to reflect the seriousness of their crimes.
The proposal would involve appointing judges with criminal justice backgrounds to the new court.
Shadow Attorney-General James Newbury said the Coalition had consulted with the courts while developing the policy, although he did not provide details about whether individual members of the judiciary had been consulted.
The proposal has attracted criticism from both the Victorian government and the state’s legal profession.
Premier Ben Carroll rejected the plan, arguing that dividing the existing Court of Appeal could create additional delays within the court system.
The Law Institute of Victoria has also raised concerns about the proposal.
Its president, Tom Ballantyne, said the Court of Appeal’s role was to determine whether legal errors had occurred rather than to deliver sentences according to political expectations.
The legal body also pointed out that Victoria’s existing appeal judges already have considerable experience in criminal law.
The debate comes at a politically important time for Victoria. The state is heading towards its November election, with crime and community safety expected to remain major issues during the campaign.
Recent crime figures have added pressure to the political debate. While youth crime has fallen for the first time in several years, adult crime has increased, with rises reported in areas including breaches of bail, retail theft and breaches of family violence orders.
The Coalition says its proposed court structure would improve the handling of criminal appeals and strengthen public confidence in the justice system.
The government and legal profession, however, argue that changes to the court system need to protect judicial independence and avoid political influence over judicial decisions.
With the election approaching, the proposal is likely to become part of a wider argument over how Victoria should respond to crime, bail and sentencing
