The impact of early access to evidence briefs on court backlogs and prosecution

Case backlogs and delays in court proceedings are pervasive challenges in legal systems worldwide, often caused by resource constraints, procedural inefficiencies, and the sheer volume of cases entering the system. These delays have far-reaching implications, including prolonged uncertainty for victims and defendants, increased costs for legal and law enforcement agencies, and a diminished public perception of justice. 

One critical factor contributing to delays is the late preparation or availability of the brief of evidence – a comprehensive compilation of documents, statements, and other materials that outline the prosecution’s case. When this key document is delayed, it stalls critical case milestones, from early negotiations and plea discussions to trial preparation and adjudication. 

The impact of early access to briefs of evidence and investigation reports on court backlogs and prosecution outcomes is immense. When these documents are available early, it allows for better coordination between investigators and prosecutors, leading to faster decisions, reduced delays, and ultimately more timely resolutions of cases. 

The full extent of delays and backlogs

A study by the Australian Institute of Criminology highlighted that inadequate preparation, such as late briefing to counsel, significantly contributes to trial delays. These procedural inefficiencies often result in adjournments, increasing the time cases spend in the system and exacerbating court backlogs. 

The Tasmania Supreme Court’s backlog is a clear example of how bad delays can get. Chief Justice Helen Wood has called the situation a “crisis,” with some cases dragging on for up to four years before going to trial. A big part of the problem? The huge amount of paperwork police need to put together for case briefs. It’s a time-consuming process that slows everything down and puts even more pressure on a justice system already struggling with limited resources and too many cases. 

This challenge is not exclusive to policing agencies. Government regulators often face even longer delays in preparing case briefs for prosecution. For instance, Operation Skyline, an investigation by the Independent Commission Against Corruption (ICAC) in New South Wales, revealed just how drawn-out and complex the process can become.  

In this case, seven years and six months passed from the initial allegations of misconduct, reported in April 2017, to the delivery of the brief of evidence to the Director of Public Prosecutions (DPP) in October 2024. While ICAC concluded its formal investigation in October 2022 and published a report on its findings, it took an additional two years to finalize and provide the brief of evidence to the DPP. 

Such extended timelines highlight the broader systemic inefficiencies in case preparation across various government bodies. Addressing these delays is crucial for improving the justice system’s responsiveness, ensuring timely outcomes for affected parties, and restoring public confidence in judicial and regulatory processes. 

How investigators can be more timely with their brief of evidence and the role of technology

Investigators play a pivotal role in gathering and presenting this evidence. While we know that things like police attrition play a big part in keeping up with this administrative paperwork with the help of technology, they can streamline the process, reduce delays, and ensure the timely availability of comprehensive briefs.  

Investigation management software

Investigation management software is essential for ensuring the efficient preparation and submission of briefs of evidence. While Case Management Systems (CMS) are commonly used to track case details—such as documents, timelines, and procedural milestones—they lack the specialized features required for managing complex investigations. In contrast, Investigation Management Systems (IMS) are specifically designed to streamline investigative workflows, ensuring that investigators can manage intricate cases, securely track evidence, and create high-quality, organized evidence packages. 

An IMS not only supports administrative tasks but also enables critical investigative activities that lead to actionable outcomes. By incorporating features that enhance collaboration, evidence tracking, and reporting, an IMS improves the overall efficiency of investigations, ultimately leading to more timely and accurate briefs of evidence. 

Comtrac goes beyond traditional case management allowing investigators to generate a brief of evidence from the very beginning of an investigation, making it easier to compile and update evidence throughout the case. This approach ensures that investigators have a well-organized and comprehensive brief ready at any stage, eliminating delays and providing a significant advantage in managing complex investigations.   How to choose the best investigation management software for your organisation  

Mobile technology for field intake

Mobile devices and apps can help investigators capture evidence directly from the field, uploading it instantly to cloud-based systems. Investigators can use mobile devices to take photos or record witness statements. This real-time data entry accelerates the process of evidence collection rather than waiting for the investigator to return to the office. 

AI assisted evidence analysis

Tools like Comtrac enable investigators to rapidly sift through digital evidence and map the evidence to the elements of the offence. Comtrac has AI assisted evidence mapping to help investigators quickly pinpoint the most relevant information, reducing the time spent reviewing materials. This can dramatically speed up the process of assembling a comprehensive brief of evidence, especially when dealing with large-scale investigations or digital crime cases.  

Automated briefs of evidence

By integrating evidence management with automated reporting, Comtrac enables investigators to generate a brief of evidence at any point during the investigation. Whether for interim reviews, court proceedings, or case strategy meetings, this feature ensures that investigators are always prepared without additional administrative burden. 

Comtrac is one of the only solutions on the market that creates a brief of evidence at the beginning of an investigation, making the creation of a brief of evidence at any time throughout the investigation effortless. Comtrac has pre-built brief of evidence templates and investigation report templates, which can also be customised to meet your agency’s requirements.  

The value of early access to digital briefs when collaboration with prosecution services

Government agencies, such as the Department of Climate Change, Energy, the Environment, and Water, play a vital role in protecting natural resources, enforcing environmental laws, and addressing violations that endanger ecosystems and public health. To effectively prosecute offenders, these agencies work closely with the Commonwealth Director of Public Prosecutions (CDPP). This collaboration is critical for transforming complex investigations into legally robust cases that can withstand scrutiny in court. 

Early access to digital briefs of evidence significantly enhances this partnership by enabling the prosecution service to be engaged from the very beginning of an investigation, rather than only at the conclusion when the brief is finalized. 

Digital briefs make this level of collaboration possible by ensuring that information is accessible, organized, and up-to-date in real-time. This seamless exchange of information between environmental agencies and the CDPP strengthens the effectiveness of their joint efforts, ultimately leading to better environmental outcomes and more efficient justice processes.  

In this video, the Director of Environmental Crime at the Department of Agency discusses the challenges of prosecuting environmental crimes and highlights how Comtrac has significantly improved the efficiency of their investigations.

The integration of technology and streamlined processes into investigation and evidence management is not just a convenience—it’s a necessity for tackling the growing challenges of court delays and backlogs. Early access to digital briefs of evidence, powered by tools like Comtrac, empowers investigators to work more efficiently, collaborate effectively with prosecution services, deliver timely outcomes and restore public trust in the legal system.