Three years waiting for a trial? Court backlog at 'crisis point', top lawyers say

Tasmania's criminal justice system is facing a "crisis" as court cases languish for years, according to senior legal professionals. The extensive backlog is causing significant delays, with some high-profile matters, like the murder trial of a teenager, awaiting a hearing date for almost three years since charges were laid. Thousands of cases in the Magistrates Court have also been pending for over a year.

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It's sort of been a gradual creep. It started well and truly before COVID … then it's slowly gotten worse and worse to the point where we're now significantly behind.

Kim Baumeler, a veteran barrister and head of a new defense lawyers' association, stated that the situation has been gradually worsening, even before the COVID-19 pandemic. She described the current state as "dire," a sentiment echoed by Law Society of Tasmania president Amelia Higgs. Higgs noted that cases are not being dealt with for years after charges are filed, impacting all levels of the justice system and creating a "crisis point."

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Matters which are listed for hearing aren't being dealt with for quite some years from a date that a charge is laid. It's really reached a bit of a crisis point.

The prolonged delays have substantial emotional and financial consequences for all parties involved. Victims, witnesses, families, and even the accused endure extended periods of unresolved issues. This constant revisiting of evidence takes a significant emotional toll. Furthermore, a major contributing factor identified is the erosion of state government funding for legal services, placing immense pressure on an already strained legal profession. A third-party review of the backlog is underway, with a final report due to the state government by June 30.

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People are being exposed to these issues for really long periods of time where they are going unresolved. It means that the evidence continually needs to be revisited … and so it's having a huge emotional impact on those people.