Legal experts warn that clogged court lists are exposing vulnerable Territorians to ‘unnecessary incarceration’

Territorians are waiting weeks for their bail applications to be even considered by Darwin Local Courts, as legal experts call for more court hours to address the clogged hearing lists.

Darwin judges have repeatedly flagged a lack of available hearing dates for bail applications as the local courts struggle to manage a 250 per cent spike in the number of in-custody hearings over seven months. Picture: Jason Walls

Vulnerable Territorians are potentially waiting weeks for their bail applications to be even considered, as legal experts call for more court hours to address the clogged hearing lists.

Darwin judges have repeatedly flagged a lack of available hearing dates for bail applications as the local courts struggle to manage a 250 per cent spike in the number of in-custody hearings over seven months.

The NT News is aware of a number of cases involving vulnerable Territorians whose bail hearings were pushed back by up to two weeks due to a lack of available hearings.

Last week, Darwin Local Court heard a 21-week pregnant woman in custody had been offered a spot in the homelessness shelter, but the courts were unable to find a bail hearing earlier than July 11.

Her lawyer raised concerns the young woman was a potential victim of police misidentification as she was charged for allegedly attacking her partner, assaulting and resisting police.

“(But) there is a history of domestic violence where she is the victim,” she said.

Acting judge Giles O'Brien-Hartcher. Picture: Pema Tamang Pakhrin

Acting judge Sally Ozolins . Picture: Zizi Averill

But Judge Giles O’Brien-Hartcher said July 11 was the only date with “low enough numbers” to facilitate a hearing for the 22-year-old expectant mother, who had already spent 46 days in custody.

On Friday, Judge Sally Ozolins was also unable to consider a bail application for an 18-year-old with very complex mental health issues — fetal alcohol spectrum disorder, schizophrenia, attention-deficit hyperactivity disorder, a chromosomal disorder and an intellectual disability — who was experiencing his first time in adult custody.

Ms Ozolins said she had to adjourn his bail hearing for 15 days, stating: “The court is often as frustrated as the practitioners, and no doubt the people who are stuck in custody”.

She was also unable to process an application for a three-months pregnant woman, whose bail hearing had already not been reached on three separate occasions.

Criminal Lawyers Association of the NT President Beth Wild. Picture: Zizi Averill

Criminal Lawyers Association of the NT president Beth Wild said growing court pressures and delays to bail hearings were leaving Territorians facing “unnecessary incarceration”.

“It is a right under Northern Territory law to have a bail application dealt by a court as soon as reasonably practicable after arrest,” Ms Wild said.

“But it isn’t just the most vulnerable that are affected by this. It affects us all.

“Imagine if you, or your son or daughter, were falsely accused of a crime and you had to wait 11 days in custody, held in a police watchhouse, to be brought before a court. 

“We expect living in a Western democracy to have a functioning justice system. In the NT right now, that cannot be said.”

Ms Wild said at the very least the courts should be properly funded to sit longer hours to address the “vastly increased lists”.

North Australian Aboriginal Justice Agency acting chief executive Anthony Beven also said the “system is in crisis” and was “just not meant to be addressing these types of numbers”.

North Australian Aboriginal Justice Agency acting chief executive Anthony Beven. PICTURE: JUSTIN BRIERTY

“These people being held on remand, whether they’re Aboriginal or non-Aboriginal, they’re not having their day in court, they haven’t been convicted of anything, so characterising them as criminals is just not appropriate,” Mr Beven said.

“Everyone is entitled to the presumption of innocence.”

NAAJA has called on the Chief Minister to bring together key stakeholders in a forum to discuss how to address crime without relying simply on incarceration.

The Corrections Department confirmed nearly half of the 2850 people locked in Territory cells as at June 30 were on remand.

The data showed women and children were more likely to be on remand, with 66 per cent of female prisoners and 83 per cent of young people in a cell while unsentenced.

Attorney-General Marie-Clare Boothby. Picture: Pema Tamang Pakhrin

Attorney-General Marie-Clare Boothby said the increased remand numbers and court hearing wait times were a direct reflection of the government’s new bail laws.

“We make no apologies for putting the rights of victims ahead of offenders,” she said.

“Court staff and judges work tirelessly every day to keep the system moving and deal with as many matters as possible.”

“The increase in remand numbers reflects our stronger bail laws, as more offenders are now being held in custody instead of being released back into the community.”

She put blame on the former government for “years of neglect” in the courts, highlighting the latest budget’s “record” $1.5b investment into police, courts, and corrections

The budget committed an additional $2.86m to the local courts and $2.92m to the Director of Public Prosecutions to reflect “demand pressures”, but the Higher Courts budget was cut by $3.7m.

Ms Boothby also confirmed recruitment was ongoing to appoint two permanent judges and two acting judges to “further strengthen the bench”, as acting judge Giles O’Brien-Hartcher confirmed he was stepping down from the role.

Originally published as Legal experts warn that clogged court lists are exposing vulnerable Territorians to ‘unnecessary incarceration’