Judicial registrars’ expanded powers a get-out-of-jail card freeing serial road pests

Serial road criminals are dodging jail as Victoria’s courts continue to struggle with a massive backlog of more than 100,000 cases.

Drink-drivers and other serial road criminals have been handed a get-out-of-jail free card under a controversial move to try and clear the backlog crippling the state’s justice system.

The Magistrates’ Court of Victoria has quietly expanded the responsibilities of judicial registrars to hear more serious criminal matters.

But they are powerless to send offenders to prison, meaning those guilty of offences that carry jail terms are receiving fines or community work.

The court has defended the move, saying judicial registrars are legally bound to refer cases to magistrates if they think jail is the appropriate sentence.

But criminal defence lawyers have told the Herald Sun they routinely see criminals avoid jail. One barrister, who did not want to be named, said they saw serious flaws in the expanded jurisdiction.

“I had a case where jail was very much on the cards for a recidivist drink-driver,” the barrister said.

“As soon as I knew I had drawn a judicial registrar, I ­revised my sentencing submissions. He was given a fine and the statutory minimum cancellation period.

“The minute I see I’m in a judicial registrar’s court, I think, how good is this, I know that all my client’s getting is a fine no matter how many ­offences they’ve committed.”

Serial road criminals are dodging jail and being fined or handed community work instead.

Judicial registrars were originally delegated the power to hear offences under the ­Infringements Act 2006.

In October 2019, the power to hear a first offence of driving while disqualified or with a suspended licence was delegated to judicial registrars.

In December further changes delegated the power to hear subsequent instances of driving while disqualified or with a suspended licence and also to hear offences of drink-driving. These offences carry jail terms of six months to two years.

Lawyers say while judicial registrars are bound to refer serious cases to magistrates, it was rarely done in practice.

“In theory, if they think it’s too hot for them, they can say this needs to go before a magistrate,” a source said. “I’ve never seen anyone do it.”

Nineteen judicial registrars are working across Victoria’s magistrates’ courts, and seven have been added in the past two years. But unlike magistrates, who are appointed until the age of 70, judicial registrars have five-year terms.

Legal sources say the contract arrangement also raises serious concerns about judicial independence when registrars have to worry about having their contracts renewed.

Court sources fear it could take a decade to clear current court backlogs.

Courtrooms are struggling to cope with demand. Picture: Mark Stewart

About 111,000 cases are pending in the magistrates’ courts and 1400 trials are waiting in the County Court.

Expanded powers for ­judicial registrars was one of several measures suggested by the court as helping “progress matters through the system in a timely manner”.

However, whistleblowers have said the number of cases is misrepresented and backlogs cannot be cleared without significant money.

The mammoth backlog was caused by pandemic restrictions, during which the courts ground to a halt.

The state government ­announced an extra $41m in this year’s budget to help clear case backlogs.

A government spokeswoman said chief magistrate Lisa Hannan along with deputy magistrates set the rules of the court, including the powers of judicial registrars.

“This is in line with longstanding practice and we support the independence of the judiciary in determining these rules,” she said.

“If a judicial registrar thinks that a person before them for sentencing should be imprisoned, they must refer the case to a magistrate.

“Judicial registrars are highly trained legal professionals that provide critical services to the courts, supporting our justice system to function efficiently.”