Arrangements for the Magistrates Court of South Australia criminal proceedings during the COVID-19 pandemic – 18 March 2020

The impact of the COVID-19 pandemic on the Magistrates Court will affect us all. It is clear from official announcements by State and Federal Governments that the challenges of meeting the pandemic are complex. The situation is constantly evolving and as such information provided or arrangements that have been put in place yesterday may not be relevant today or next week.

The Magistrates Court has more lodgements than any other court in the State and services the whole of the State. The breadth of its jurisdiction and the sheer numbers of people who are engaged in proceedings before the Court whether they be parties, victims, persons in need of protection, witnesses, police, the legal profession or the general population means that the risks posed by the possibility of exposure to the virus are magnified over many locations.

To meet the challenge of maintaining social distance and manage the risk of contamination, every endeavour should be made to reduce the levels of attendance at court locations.

To do this several arrangements have been put in place:

General Matters

Where an adjournment for instructions, to obtain disclosure, or to finalise legal aid is to be sought, an administrative adjournment is appropriate. Adjournments are likely to be granted for a period of 4-12 weeks depending on the seriousness of the matter. When a matter is before a magistrate in court, consideration will be given to excusing the defendant from attendance unless the matter is to finalise. This does not excuse the defendant from complying with their bail conditions. Should bail conditions need to be varied during this time, the Bail Variation in Chambers process can be used.

The reason for the large variation in the period of adjournments is because if a matter is not ready to finalise, parties are able to obtain a further administrative adjournment and it is important that matters are given a date where they can be finalised if possible.

The process for administrative adjournments is as follows:

• If a party, either themselves or through counsel, requests an administrative adjournment they must include with the request confirmation of the consent of the other party to the adjournment. These requests will be dealt with administratively, and the parties notified of the new date as soon as possible.
• Should a request be received from either party without the consent of the other party, the party will be informed that Registry will not process the administrative adjournment until consent of the other party is provided. If no such consent is provided, the request will be brought to the attention of the sitting magistrate, who will consider the application on a case by case basis.
• Requests received on the day of the hearing will be considered by a Magistrate when hearing the list.
• If the defendant is in custody, the request will be referred to a magistrate in chambers so that a warrant of remand can be ordered.

Some magistrates may decide to finalise less serious matters in the absence of the defendant if counsel are in a position to make submissions. The presiding magistrate may consider that the offence is so serious that the attendance of the defendant is necessary. In those matters a new date will be provided.

Major Indictable Matters

Major Indictable matters will generally proceed as before. At the Adelaide Magistrates Court, we may introduce additional time slots in the afternoon list to spread the list more evenly throughout the day.  We are considering whether to create dedicated major indictable bail lists to reduce the number of defendants and their counsel in court.

Treatment Intervention Court

The Treatment Intervention Courts will continue in a modified form.  The Courts will continue to accept new referrals, but the program will be modified to reduce social contact and so group activities have been suspended.  This may prolong the length of the program. However, drug testing and personal supports will continue, and participants still have the opportunity to gain the benefit of s.29 of the Sentencing Act.  We will still accept and refer to the program.

Family Violence Court

The running of the Abuse Prevention Program has been suspended until further notice and no program staff will be present in any Family Violence Courts including KWY in Port Augusta and Whyalla.  Magistrates will still consider referring men to the program and include the condition that they make contact with the program staff to arrange an assessment interview within two days by telephone.

Assessment interviews will take place by telephone. A report will be provided to the court in the usual way but the defendant’s commencement on the program will be delayed until the program recommences.  A referral triggers contact to be made with the protected person to offer her support and is important for that reason.

Magistrates will still hear the list and finalise matters where appropriate.

Other Services

The Courts Administration Authority has suspended the Court Volunteer Service and the JP Service at all court locations for at least the next 4 weeks. This will be subject to regular review.

SAPOL

SAPol have provided a telephone list to facilitate consent for administrative adjournments (below).

We are working with them to further streamline the process but are waiting for them to advise us of their position.

Circuits

Each Resident and Regional Manager is considering how to run circuit lists and will communicate this to court users.  Circuits present their own challenge if travel is required.  The court is exploring the possibility of hearing circuit matters by AVL and phone.

DCS

As at the 16 March, DCS have temporarily suspended all Rehabilitation Programs Branch programs for 2 weeks whilst they undertake further planning around risk and alternative arrangements. The primary reason is that most of the facilitators travel by plane from Adelaide into regional areas and they need to consider alternative modes of delivery.

We are working very hard to keep the system operating in difficult and unprecedented times.

These arrangements will be reviewed as required.

Judge Mary-Louise Hribal 
Chief Magistrate
SAPOL Prosecution Contact Details as at 18/3/2020

For all enquiries ring CourtSA Registry Services on (08) 8204 2444 or email: enquiry@courts.sa.gov.au

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