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Local Court transition assists with District Court delays, BOCSAR finds
A legislative change that has allowed a selection of offences to be heard in NSW Local Court rather than the District Court has significantly reduced delays and workloads.
Naomi Neilson
A reduction in court delays, workload and imprisonment can be credited to a legislative change that allowed a selection of break and enter offences to be heard in NSW Local Court rather than the District Court, according to newly released research.
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Between 2012 to 2016, the NSW Bureau of Crime Statistics and Research (BOCSAR) found that NSW experienced large increases in District Court workload and delays as trial committals increased by 35 per cent and time to finalise increased by 39 per cent.
In response, a Table Offences Reform reclassified four strictly indictable offences for breaking and entering that allowed them to be resolved in the Local Court. The results from the last two years indicated that 85 per cent of eligible offences were diverted to the District Court, resulting in fewer trials and faster proceeding finalisations.
An unintended consequence of the reform was that imprisonment rates had decreased from 67 per cent to 59 per cent post-reform. Prison duration also fell with 46 per cent of guilty people receiving a prison penalty longer than 12 months pre-reform and only 16 per cent post-reform.
Commenting on the findings, BOCSAR executive director Jackie Fitzgerald said that the change in imprisonment appears to be influenced by both a reduction in time spent on remand and different sentencing practices in the Local Court.
“In terms of the main findings, the effectiveness of the Table Offences Reform in reducing District Court delay and demand is particularly impressive given the simplicity of the reform,” Ms Fitzgerald said.
