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ABC News
ABC News
National
state political reporter Bridget Rollason

Victorian courts plagued by delays as tens of thousands of criminal cases wait to be heard

The Victorian government has hired just one additional magistrate this financial year, despite the state's courts experiencing the biggest backlogs in the country.

More than 83,000 criminal cases were waiting to be heard by magistrates across the state last financial year, which is the highest in Australia, according to new data from the Productivity Commission.

The report into government services reveals one in three criminal cases in Victorian magistrates courts were waiting more than 12 months to be dealt with.

New South Wales had the next-highest pending case load, with 63,166 criminal cases waiting to be heard.

The ABC can reveal new detail provided to the Victorian Parliament's Public Accounts and Estimates Committee shows there has been a net increase of just one magistrate this financial year.

"One additional magistrate has been funded through the 2022-23 Budget," the government response said.

"There [was] a net increase of four magistrates in the Magistrates' Court of Victoria in the 2021-22 financial year, increasing the total number of Magistrates from 119 to 123."

Shadow Attorney-General Michael O'Brien said the long delays showed the court system was in crisis in Victoria.

"The government's answer to having the worst criminal case backlogs in the entire country is to appoint one extra magistrate, it's just not good enough," he said.

"Justice delayed is justice denied and to have over 25,000 criminal cases in the magistrates' court waiting more than 12 months means too many Victorians are being denied justice."

Court system yet to catch up after COVID delays

Victoria's justice system is still trying to recover from COVID-19 restrictions, which saw jury trials suspended for months and online-only hearings.

The Magistrates' Court of Victoria annual report states there were 16 per cent more listings last financial year compared to the year before.

Across the state's magistrates' courts, 83,194 cases were pending, with criminal cases waiting more than 12 months to be heard.

President of the Law Institute of Victoria, Tania Wolff, said the pandemic was still having a significant impact.

"The Productivity Commission's report in relation to the justice system is concerning," she said.

"We know there has been investment in the justice system, but it will take time to have an impact and make a significant dent in some of those numbers."

The Victorian government announced $41 million in last year's budget to help drive down court backlogs and said it would continue to work closely with courts to provide the support they need to work through them.

"The scale of the impact of the pandemic on Victoria's justice system was significant – however, more recent data shows that the system is starting to recover with pending cases across the courts down by around 17 per cent this year," a government spokesperson said.

"There has also been a 25 per cent increase in all criminal case finalisations, with the Magistrates' Court of Victoria having the highest criminal case clearance rate compared to its interstate counterparts."

The government services report also revealed Victoria is spending more money on its court system than any other state.

Last financial year, $2,371 was spent per criminal case, which is 35 per cent higher than New South Wales.

"Victorians really are being ripped off, we are paying the most to run our justice system and we are getting the worst results," Mr O'Brien said.

"It's pretty extraordinary you can spend so much money and still have the worst backlogs and the most expensive cost per case."

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