Law and Justice In Australia
When the First Fleet arrived in Sydney Cove in 1788 they brought English law with them in spirit and printed form. Blackstone's multi-volume Commentaries, which documented and explained the British Legal System, was possibly the most significant book carried on the First Fleet. The first settlers also came with the authority of the First Charter of Justice, contained in Letters Patent of 2 April 1787, which provided for the establishment of civil and criminal courts in the new colony.
A fleet of transports under convoy, c.1788, by Carrington Bowles
Mezzotint print, DL Pd 789
Under Governor Captain Arthur Phillip, however, the administration of law in the new colony differed greatly from the way it was administered in England. New South Wales was a penal colony and although the 1787 Charter of Justice had provided for the establishment of civil and criminal courts, in practice these acted more like military tribunals than English courts. Justice was often arbitrary because there was no trial by jury. Those who sat in judgement were generally naval or marine officers who had little practical knowledge of the law.
Captain Arthur Phillip, 1786 , by Francis Wheatley
Oil painting, ML 124
