Darwin Local Court in-custody numbers spike by 250 per cent in seven months

Experts warn victims of crime, defendants and witnesses are ‘falling through the cracks’ of an overwhelmed court system due to unprecedented rates of in-custody cases in Darwin.

Data exclusively obtained by the NT News has revealed that Darwin Local Court’s in-custody numbers on the first day of each week has dramatically increased over the past seven months. Picture: Pema Tamang Pakhrin

Victims of crime, defendants and witnesses are ‘falling through the cracks’ of an overwhelmed court system as in-custody numbers in Darwin spike by 250 per cent.

Data exclusively obtained by the NT News has revealed that Darwin Local Court’s in-custody numbers on the first day of each week has dramatically increased over the past seven months.

On June 16 there were 49 people on the in-custody list, compared to the 14 people in the cells on the first Monday of December last year.

At its peak there were 57 people on the in-custody list following the Easter long weekend, forcing judges to run three bail and arrest courts simultaneously.

That day one lawyer told Judge Stephen Geary that she had a client with 12 new charges “of which I have no information about … he’s not in the cells, he’s not on AVL (audio visual link) — I don’t know where he is”.

The Criminal Lawyers Association of the NT has warned that the system was being “entirely overwhelmed” with everyone pushed “beyond their capacity”.

“(Lawyers) are being placed in a position where they are unable to give those people proper attention, focus and ultimately representation due to sheer volume of matters that they are forced to process, day in and day out,” CLANT President Beth Wild said.

“When professionals are placed in such positions, people fall through the cracks — not only defendants but victims, witnesses and the community.”

Ms Wild said there was currently “insufficient” time for in-custody matters to be appropriately addressed by the court, particularly for bail matters under the new high thresholds.

The Criminal Lawyers Association of the NT Beth Wild has warned that the system was being “entirely overwhelmed” with everyone pushed “beyond their capacity”. Picture: Zizi Averill

She said unlike people on bail or on notices to appear, accessing clients in busy court or watch house cells, or in the overcrowded prisons was significantly “more onerous”.

“The ability for practitioners to meet with their clients is often entirely thwarted due to the overcrowding in NT prisons, and when visits can be facilitated they are not always sufficient to allow for practitioners to meaningfully progress their matters,” she said.

Ms Wild said the “rapid and increasing escalation” in remand cases was a direct reflection of a series of ‘tough on crime’ bail reforms which came into effect in January and May.

Indeed a week after emergency bail laws were rushed through parliament in May, the Darwin Local Court had 56 people initially on the in-custody list.

The demands meant a dozen in-custody matters had to be rolled over to the next day, with Judge Steve Ledek said one Legal Aid lawyer’s frustration had boiled over as she “voiced her displeasure at having to triage so many cases”.

“I told her that there was also just one of me,” Mr Ledek said.

A week after emergency bail laws were rushed through parliament in May, the Darwin Local Court had 56 people initially on the in-custody list. Picture: Pema Tamang Pakhrin

Ms Wild said it was “not uncommon” for hearings to be organised — including calling in vulnerable children and domestic violence complainants — only for the matter to be adjourned off due to a lack of time.

“Due to the cyclical nature of domestic violence and the vulnerability of the civilians involved in most criminal proceedings, such an outcome may result in those people not attending on a later date and the charges being dismissed,” she said.

“More commonly, the lack of resources to progress matters means that accused persons are kept on remand longer than necessary, simply because the court cannot hear their matters.

“And justice is frustrated for all.”

Ms Wild said the ‘tough on crime’ changes failed to take into account the “deleterious impact of remand” on reoffending rates, with 60 per cent of Territory prisoners returning to a cell within 12 months according to NT Corrections budget data.

“It appears that there is a false belief that we can arrest ourselves out of a purportedly high crime rate,” Ms Wild said.

Northern Territory Attorney-General Marie-Clare Boothby. Picture: Fia Walsh.

In Estimates Attorney-General Marie-Clare Boothby confirmed NT Police were given a “directive” to arrest more Territorians.

“(Police) were given a directive from the Chief Minister to be out there, be seen and be proactive,” she said.

“They are doing that, which means now the courts are seeing higher numbers come through.”

Ms Boothby said to address the “backlog” of cases the courts had appointed an extra judge and removed the cap on Darwin prisoner numbers.

While the prison cap has been lifted, the number of cells, conference rooms and courtrooms has remained the same, with Ms Wild revealing there were often “queues” of defence lawyers waiting to speak with their clients in the cells.

Chief Justice Michael Grant

In a speech for the ‘Opening of the Legal Year’ in February, Chief Justice Michael Grant said the steep increase in arrests was due to political interference in policing.

“Recent increase in remand numbers and criminal work cannot be attributed in any material way to legislative amendment in those fields,” Justice Grant said.

“The principal reason for the increase in criminal lodgements is a shift in operational priorities and practices by police, driven largely by the new political imperative.

“Police are now taking what might broadly be described as a ‘zero tolerance’ approach to infractions of the law, rather than exercising the discretion to apprehend, caution and release in what were previously considered to be appropriate circumstances.”