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This was published 11 years ago

Concern over NSW trial blow-outs

AAP

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Criminal proceedings in the NSW District Court have blown out by three months in recent years, a new study from the state's crime statistics body says.

The average criminal trial case involving an accused person who was out on bail took 276 days to move from the committal phase to finalisation in 2007.

But in 2014, defendants were taking an average of 369 days to go through the same steps, according to a report released by the Bureau of Crime Statistics and Research.

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For District Court trials involving defendants in custody the blow-out was even more significant: a jump from 209 days in 2007 to 300 days last year.

BOCSAR director Don Weatherburn put the blow-outs down to a combination of lengthier trials, a jump in the number of people being charged with serious offences, and the greater number of trials that go ahead in the NSW District Courts.

He said finding ways to encourage earlier guilty pleas would help reduce the backlog.

"Another option is to look for offences that are currently being dealt with in the District Court but which attract penalties within the sentencing discretion of the Local Court," Dr Weatherburn said.

"(Or) to increase the sentencing powers of the Local Court so that it can deal with more serious offences."

Stephen Odgers SC, who is chair of the NSW Bar Association's Criminal Law Committee, said any additional time spent behind bars while waiting for trial could be "devastating" for an accused person who went on to be acquitted.

But he told AAP the barristers' body would fight any move to broaden the purview of the state's local courts, where cases are decided by individual magistrates rather than juries.

"We would strongly oppose any proposals to increase the jurisdiction of the local courts," Mr Odgers said.

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"We must protect the right to trial by jury."

He said two major stresses on the state's district court system - complex forensic evidence, which can result in lengthier trials, and a boost in police numbers - had come without a commensurate hike in resources for judges, the DPP and Legal Aid.

"It's been fairly clear that it's been harder to get judges available, and that trials are being listed later and later," Mr Odgers said.

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