The Supreme Court of Tasmania's backlog of cases blew out to a new record in the latest financial year.
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The number of unheard cases increased from a record 691 in June last year to 711 last month.
It compares with a backlog of 382 cases in 2016.
The numbers have concerned the Law Society of Tasmania which echoed comments made last year by the Director of Public Prosecutions Daryl Coates SC.
Meanwhile, the state government has blamed the state election on May 1 for a delay in appointing a seventh Supreme Court judge in Tasmania.
When expressions of interest were called for in February, Justice Minister Elise Archer said the new judge would be appointed by July 1 and that funding of $1.1 million was budgeted. Expressions of interest initially closed on March 8, but were extended.
"The Protocol for Judicial Appointments is currently being followed with this process only temporarily halted during the state election due to caretaker conventions, which recommenced following the swearing in of the new government, with an appointment expected in the near future," Ms Archer said.
"The appointment of the seventh judge is part of the range of measures our government is actively pursuing to help address the Supreme Court criminal matters backlog.
"Despite the challenges brought about by the impact of COVID-19 and the reduced ability for the courts to conduct trials in 2020-21, the number of new criminal cases lodged with the Supreme Court was 537, down from 647 in 2019-20.
The increased backlog comes despite the re-appointment of three acting judges early this year for a further two years. Law Society president Trevor McKenna said it was a concern when an accused person or complainant had to wait years for a matter to be resolved.
"The delay often causes unintended consequences including hardship for victims and families, witness fatigue and undermining public confidence in the criminal justice system's ability to deliver justice in a timely fashion," Mr McKenna said.
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In his annual report for 2019-20, Mr Coates said: "It should be remembered in respect to every case that is awaiting determination there are victims, witnesses and accused in a highly stressed situation".
"One of the consequences of cases being delayed is that witnesses become fatigued and unavailable or their memories fade," he said." This results in the discharge rate increasing."
Mr McKenna said there was no apparent explanation for the increase from last year.
"I note the effects of COVID-19 and the need for social distancing does limit the number of judges that can sit and hear a jury trial," he said. "Three acting judges for a two-year period will assist in tackling the backlog.
He said a seventh judge would help but it would take time for the appointee to assist in cutting the backlog.
Mr McKenna said that new legislation from July 1 could help shift the number of cases that required determination in the Supreme Court.
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"The Justice Miscellaneous [Court Backlog and Related Matters] Act would allow mirror summary offences [heard in the Magistrates Court] as an alternative to indictable matters," he said.
Mr McKenna said the new legislation provided and opportunity for negotiation with Tasmania Police and/or the DPP in relation to current of future matters and could result in fewer jury trials.
On March 31, the statewide backlog was 687 with 311 cases in Hobart, 167 in Launceston and 209 in Burnie.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
