Magistrates ‘need more training’ on coercive control

One of Queensland most respected legal minds says magistrates are “without a doubt” not properly trained in recognising coercive control, and more needs to be done to bring justice to victims.

One of Queensland’s most respected legal professionals says magistrates are not properly trained in recognising coercive control, and more needed to be done to bring justice to victims.

It comes after Queensland magistrate Cathy Wadley was criticised in an appeal judgment for giving a repeat domestic violence offender a “manifestly inadequate” and “unjust” $500 fine for a string of breaches, which she labelled as “minor”.

Criminal lawyer Bill Potts said there was a significant need for all judicial officers to be educated in this space more intensively than once a year at a State Magistrate’s Conference.

“Attending a lecture just isn’t enough. A meeting once a year is not sufficient,” Mr Potts said.

In the appeal judgment, Judge John Coker branded the magistrate’s penalty as “unreasonable” and said she had a “total misunderstanding” of domestic violence.

Magistrate Cathy Wadley.

Townsville District Court Judge John Coker.

Judge Coker overruled her penalty and instead sentenced the offender to a prison term, saying the behaviours were “controlling” and “coercive”.

“With the greatest of respect to the learned Magistrate, these were not minor breaches by any stretch of the imagination,” he said in the judgement.

Mr Potts said lenient sentences for domestic violence offenders sent the wrong message to perpetrators, victims, and the community.

“It is a great silent scourge on our society,” he said.

“Penalties have to be just, and broadly a deterrent. If not, by the lightness of the sentence it gives predators exercising this type of control encouragement rather than deterrents.”

The Office of the Chief Magistrate told The Courier-Mail on Wednesday that magistrates attended coercive control sessions at this year’s State Magistrate’s Conference, and had access to multiple resources.

Criminal Lawyer Bill Potts in his Southport chambers. Picture Glenn Hampson

Mr Potts said this wasn’t enough.

“There needs to be a proper scheme to educate our highest legal officers.

“Lawyers and barristers have compulsory, professional development that’s ongoing. I see no reason why they also shouldn’t have that.

“There’s always a need for magistrates to be educated, and to educate themselves on the causes.”

A source close to the issue says magistrates often do not comprehend the impacts coercive control has on a victim.

“There needs to be a holistic perspective, not just so focused on specific incidents, situations need to be looked at as a whole,” the source said.

“Magistrates are so used to the concept of domestic violence being physical violence.

“What hope do we have?”

Earlier this year, the government passed strengthened laws to address patterns of coercive control after tireless campaigning by Sue and Lloyd Clarke – parents of murdered Brisbane mother Hannah Clarke.