Chapter 11 — Internal Reporting Systems Some issues that lend themselves to hearing-based monitoring and that have been successfully monitored by past programmes using such an approach include: • the frequency of legal representation in proceedings, particularly in relation to specific types of crimes and defendants; • whether instructions are provided to the accused regarding their rights at a plea hearing or at the first trial hearing; • the frequency and use of pre-trial custody in criminal cases, as well as its duration; • the ability of the public to access the courthouse or courtroom; and • other procedures or practices that are mandated by procedure codes or proscribed in connection specific types of hearings. In monitoring and reporting using a hearing-based approach, programmes must be careful not to draw conclusions that are not supported by the methodology. For instance, drawing conclusions regarding the effectiveness of defence counsel based on monitoring one hearing out of many in a long trial may be problematic. Such an approach will run the risk of missing out on any actions taken by judicial authorities subsequent to the monitored hearing to rectify an observed problem. Not monitoring a case from start to finish will decrease the scope of issues that may be monitored and limit the depth of analysis. Nevertheless, hearing-based monitoring can provide a powerful methodology generating important findings regarding selected features of the administration of justice without having to draw definitive conclusions regarding the application of fair trial standards in individual cases. 11.5 Secondary internal reporting This section provides an overview of secondary internal reporting, which is necessary to synthesize case reports, as well as to organize information for other purposes of the programme. Internal secondary reporting takes two basic forms: internal reporting by legal analysts that is directed to the programme itself; and other internal reporting by monitors. 11.5.1 Internal reporting by legal analysts Internal reporting facilitates the process of compiling and synthesizing issues that emerge from monitoring. It helps to organize information for external use, as required by the programme. In determining the frequency and content of internal reporting, programme managers should consider the functions that it can ensure, including: • regular oversight of the numbers and nature of cases monitored, so that problems with access and methodology are addressed quickly and adjustments made in a timely manner; • that legal analysts are kept up-to-date on individual case developments; • regular review of the monitors’ work product, thereby improving quality control and ensuring timely follow-up; and • that legal analysts are able to identify trends and issues during the course of a project and before focusing on the draft of the final report. In structuring a secondary reporting system, programme managers should establish a regular, but realistic, reporting schedule for legal analysts, based on external reporting requirements and other organizational goals. Managers normally introduce a standard template for secondary reporting or define what should be included in such reports. It is critical that programme managers examine closely the needs of the organization as to internal and external reporting, in order not to overburden legal analysts with drafting responsibilities. When possible, internal reports should be structured in such a way that they can easily be drawn on 103