COVID-19 and the Local Court
PREPARATIONS to RETURN TO NORMAL
On 7 May 2020 the Chief Magistrate issued a Memorandum outlining a pathway to allow the Local Court to return to standard procedures and ultimately to normal practice as the Government relaxes the restrictions enforced by the very real dangers we have been facing with the Coronavirus pandemic.
THE MAJOR ISSUES
The Chief Magistrate highlighted two important issues that the Local Court is faced with in the current circumstances.
Sentencing defendants who have a very real prospect of being given a custodial sentence; and
How to practically manage and organise defended hearings in criminal and personal/domestic violence matters.
PRELIMINARY ARRANGEMENTS for FINALISING CRIMINAL MATTERS with POSSIBLE IMPRISONMENT
The Chief Justice outlined 3 steps in the procedure including details of the role of Corrective Services and how these new arrangements may affect current listings of other matters.
Bail matters for defendants at liberty on bail and facing a likely custodial sentence had been adjourned for 8 weeks to allow for arrangements to ensure a COVID-19 safe environment within the prisons;
As Corrective Services have advised the Courts that they have introduced quarantine spaces and introduced protocols to reduce risk of COVID-19 within the gaols, the Court will now implement a staged return to sentencing in those matters that will likely result in a custodial sentence; and
Specific Local Courts that have a co-location in the District Court will be able to deal with matters involving defendants on bail to final sentencing from 18 May 2020. Within the Sydney area, these include:
Campbelltown
Downing Centre
Parramatta
Penrith
RELISTING OF DEFENDED HEARINGS
From the beginning of August 2020 the Court will begin to list defended hearing whenever the opportunity arises.
If there is a quicker return to normal social interaction and the government further relaxes restrictions the Court will make further amendments to these arrangements.
For further information and the Chief Magistrate’s detailed response to the continually changing circumstances please see:
CHIEF MAGISTRATE’S MEMORANDUM (No. 10) – COVID-19