A "substantive" review of the matters heard by Tasmanian courts is among a raft of actions needed to address growing backlogs laid bare by the Director of Public Prosecutions' annual report, the state's peak law body says.
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The report, released on Thursday, showed a 60 per cent increase in the backlog of criminal cases over the past two financial years. The number had ballooned from 382 in 2016-17 to 627.
Law Society of Tasmania president Crystal Garwood said funding increases were also key to reducing the lag in court times, but a "holistic" approach was needed to solve the long-running and "serious" issue.
"An increase in the matters able to be heard in the Magistrates Court would reduce the case allocation before the Supreme Court and improve the time and cost-effectiveness of the court system at all levels," Ms Garwood said.
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Attorney-General Elise Archer said she was aware of the increasing workload demand and had already engaged with the DPP. "There is no one single silver bullet that can resolve the issue," Ms Archer said.
She added the government was actively pursuing measures to streamline procedures to help bring down case backlogs, including legislating a regime of early disclosure of material to the courts by police.
Australian Lawyers Alliance state president Fabiano Cangelosi agreed that a holistic approach was needed to address the issue - which had real consequences.
He pointed to a case in which, on seeing evidence the day before a trial was due to start after a lengthy court process, a defendant pleaded guilty to the rape of a former partner. In this time, the partner had developed alcohol issues and was involved in a car accident resulting in the death of another person.
"There is no doubt in my mind that if we had a proper disclosure regime ... somebody would be alive as a result," Mr Cangelosi said.
Mr Cangelosi also echoed earlier law society concerns about lawyers walking away from the legal aid sector due to a federal funding shortfall.
In June, then-law society president Evan Hughes said vulnerable Tasmanians were representing themselves in court and lawyers were walking away from the legal aid sector due to a shortfall in federal funding which left an increased burden on the state government.
Federal Attorney-General Christian Porter said the funding model considered the relative need of states and Tasmania would "no doubt" benefit in 2020-21.
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Matt Dennien
Matt Dennien is a journalist at The Examiner, based in Launceston. Contact him via email at matt.dennien@examiner.com.au, or more securely via Signal on +61 437 672 994.
Matt Dennien is a journalist at The Examiner, based in Launceston. Contact him via email at matt.dennien@examiner.com.au, or more securely via Signal on +61 437 672 994.
