Local Court, COVID-19: Pandemic backlog of 83K cases sees magistrates choose to delay leave
Magistrates have delayed leave and are holding extra sitting days as they attempt to deal with a backlog of cases due to the COVID-19 pandemic.
The South Coast News
Don't miss out on the headlines from The South Coast News. Followed categories will be added to My News.
- 'People are depressed with the lack of progress': Bushfire-impacted resident's plea
- From bushfire crisis to 'planning crisis': We need help to rebuild
- South coast schools targeted in HSC exam email threat
The COVID-19 pandemic has created a massive backlog of local court matters, with almost 100,000 cases slowly moving through the court system in NSW
An unprecedented overhaul of the state’s justice system to prevent the spread of the virus and adhere to strict social distancing measures during the pandemic has seen matters often adjourned and many hearings postponed, disrupting the judicial process for months.
The Department of Communities and Justice said approximately 1500 extra magistrate sitting days have been added to the calendar this year to tackle the pandemic backlog.
“Since June, the pending caseload in the local court has fallen from almost 93,000 to just over 83,000 in September. Last month’s clearance rate was almost 114 per cent, which means the court is clearing the backlog and dealing with new cases expeditiously,” a department spokesperson said.
“The Local Court moved quickly and decisively to reduce the spread of COVID-19, protect the safety of court users and keep the wheels of justice moving.
“It has continued to operate on a daily basis throughout the pandemic, with the chief magistrate (Graeme Henson) implementing measures to reduce the number of people attending court.”
Bega Local Court Magistrate Doug Dick said this week, the statistics from the office of Chief Magistrate Graeme Henson has forced the court system to attempt to minimise backlog as quickly as possible.
Magistrate Dick made the comments this week after a lawyer abruptly withdrew from a case, leaving the defendant to defend herself in a hearing after a lengthy application for legal aid during the height of the pandemic in NSW earlier this year.
Janice Louise Denny, also known as Janice Northey, 58, faces two charges of failing to provide proper and sufficient food to an animal and two charges of failing to provide vet treatment to an animal, and will face a hearing in December after pleading not guilty to all four charges.
Chair of the Shoalhaven Domestic and Family Violence Committee Louisa Stewart said courts will struggle to tackle the backlog, adding she expects the upcoming Christmas period will see an expected upsurge in domestic violence matters including apprehended violence orders.
“The courts will have a problem getting through the backlog,” Ms Stewart said.
In order to maintain enforced social distancing measures, all defended civil and criminal proceedings between March 23 and July 31 were postponed, and sheriffs were handed orders to “turn away anyone attending a courthouse who does not have a legitimate reason to be there”, the Department of Communities and Justice spokesperson said.
The sentencing of offenders on bail, but set to receive a prison term, was also postponed, and have now resumed, they said.
“The hard work and dedication of the state’s magistrates and court staff during COVID-19 should be applauded,” the spokesperson said.
“Some magistrates and staff postponed their leave in order to help clear the backlog that arose during the peak of the pandemic.
“The chief magistrate has also cancelled rostered chamber days for magistrates from July to January, 2021, and some judicial seminars have not proceeded.”