Revealed: Victoria’s courts to return to operating at 100 per cent capacity

More than 200,000 cases are waiting to be heard across Victoria’s courts, but this one key change is expected to clear the backlog.

Victoria’s courts will be able to push through the growing backlog of cases.

Victoria’s courts have been given the all clear to scrap any social distancing requirements, in a move expected to clear the massive backlog of cases.

More than 200,000 cases are currently waiting to be heard across the state’s courts and tribunals after the coronavirus pandemic forced much court work to grind to a halt.

But Chief Health Officer Brett Sutton has now issued advice that the 1.5m social distancing requirements were no longer needed in courts.

It means courts can now operate again at 100 per cent capacity with the expectation that they will be able to push through the growing backlog of cases.

The new arrangements were confirmed to a jury sitting of a murder trial at the Supreme Court.

Wait times for criminal trials have blown out by up to three years, with legal sources forecasting it could take up to a decade to clear the backlog.

Despite density limits being dropped, court official were left hamstrung by the 1.5m social distancing requirements and had urged the state government to make temporary court rooms available.

It is understood that the proposal will now be formally rejected.

But court sources said more resources would still be needed in order to clear the backlog of cases.

In the Supreme Court Justice Christopher Beale confirmed the new arrangements to a jury sitting in a murder trial.

Judicial figures had been lobbying for help to clear the backlog of cases.

“The advice now allows for traditional courtroom arrangements,” he said.

“If we were empanelling today, the jury would be sitting in the jury box. The accused would be in the dock at the back of the court. Those are the traditional arrangements.”

But Justice Beale gave the jury a choice as to if they wished to remain hearing the trial under the same conditions.

“You signed on for jury service under certain expectations,” he said.

“We told you what the arrangements would be. We will stick to those arrangements unless you all agree that you are happy to go with the traditional arrangements,” he said.

The jury asked if they could view a traditional setting in a courtroom before making their decision.

Victorian courtrooms were modified in November to allow for some jury trials to resume after months of delays due to COVID.

Jurors have been sitting 1.5m apart at the bar table, which is usually reserved for defence and prosecution only, with added desks and chairs lined behind it.

While prosecutors and defence counsel have been seated in the jury box, and the accused in seats usually taken by the media or the public.

Court Services Victoria has been contacted for comment.

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