South Australian crime victims’ distress compounded hit by Australia’s worst court delays

South Australian courts are experiencing the longest delays in the country and the problem is only getting worse as the government reveals the main “complex” reason behind it.

Supporters outside the District Court after killer drink-driving lawyer Lauren Jean Willgoose, received a head sentence of 8 years. A sad Christine Walsh, wife of the victim, Tony Walsh, hugged by family and friends. Picture: NewsWire / Dean Martin

South Australian crime victims are suffering greater distress from the country’s longest justice delays, advocates warn, amid a blowout to the country’s worst court logjams.

A new Commonwealth government report shows the District Court criminal “backlog” is at a decade high after an almost doubling in delayed cases over the past four years.

The court, which hears a majority of the state’s serious criminal cases, has hundreds of unresolved cases in the system at least 12 months old – including 205 more than two years-old – the federal Productivity Commission found.

The commission, using 2023/24 data, also reported Youth Court blockages and more repeat youth offenders recommitting crimes within a year of sentence.

Sexual abuse victims outside District Court. Advocates say delays can compound grief and anxiety. Picture: Dean Martin

As the state’s victims’ rights tsar criticised court delays and a political row erupted over opposition justice “mismanagement” claims, MPs on Tuesday heard a state government youth offender plan was developed “in the last month”.

The state government blamed more complex case such as the landmark Operation Ironside organised crime cases awaiting a High Court challenge.

SA Commissioner for Victims’ Rights Sarah Quick said any delay “causes uncertainty, anxiety, frustration and stress”.

She said defendants “too often” dictated court timings including for one female victim who described “kick in the guts” as her only reason to drop charges.

“Court delays and backlogs are major issues for victims of crime, compounding their emotional distress and delaying justice,” Ms Quick said.

“When matters are unresolved victims feel as though their lives are suspended or on hold.

“Court backlogs often mean victims face an uncertain timeline. This lack of clarity can complicate their ability to plan for the future and deal with their trauma.”

The District Court handles many of the state’s serious criminal cases. Picture: NCA NewsWire / Morgan Sette

The commission’s latest Report on Government Services found 40.5 per cent of District Court criminal cases were considered delayed, compared to 21.1 per cent in 2020/21.

The report, which analyses all state and territory government performances, concluded it was the nation’s highest.

A federal benchmark should be 10 per cent of total cases.

There are 1700 “pending” court matters – 689 of which are unresolved for more than 12 months, compared to 287 in 2020/21.

The system was reviewed in 2019.

More than half of youths aged 10-16 years returned before a magistrate within a year of court monitoring ending, compared to a third last year.

Opposition spokesman Jack Batty said “justice delayed is justice denied” for victims suffering through “Labor’s mismanaged … system”.

Police in Port Augusta arresting accused youth offenders. Picture: Brett Hartwig

“Victims of crime cannot move forward with their lives when they are left waiting in limbo, in some cases for years for justice to be served,” he said.

Attorney-General Kyam Maher said trials involving encrypted AN0M app could only proceed once the High Court had ruled as he criticised opposition “complaining”.

“Matters like Operation Ironside are seeing larger and more complex cases before the courts than ever before,” he said.

“The Government recognises the importance of a robust and timely court process for victims of crime, and the impact on victims when there are delays in proceedings.

“That is why this Government has made significant investments to improve the efficiency of the justice system.”

Attorney-Generals’ Department chief executive, Caroline Mealor, told parliament on Tuesday: “There is certainly a strong will to try to improve the backlog but it’s a challenge.”

She said an extra $12.4m taxpayer funds were allocated to prosecute Operation Ironside and an additional $6.5 to courts and government lawyers for multi-defendant trials.

She told the Upper House Budget and Finance Committee that a youth crime crackdown was created in the “last month”.

She said a special Criminal Justice Administrative Taskforce finished meeting last year but tackling youth crime was a “high priority”.

A Courts Administration Authority spokeswoman said a “significant proportion” of the backlogs comprises Covid-era cases initiated in 2021 and finalised in the latter half of 2024.

Originally published as South Australian crime victims’ distress compounded hit by Australia’s worst court delays