The government will introduce legislation to this effect next year
The government is set to broaden the jurisdiction of community magistrates to address delays in the District Court.
Next year, the government will introduce legislation that will allow community magistrates to take guilty pleas for all offences, with the exception of those earmarked for the High Court. Magistrates will also oversee an expanded range of cases in the District Court; they will be able to preside over certain trials and to order pre-sentence reports for judges’ reference at sentencing.
They cannot issue custodial sentences like imprisonment or home detention; such cases will still go to judges for sentencing. Nonetheless, magistrates will still have authority to lay down community-based sentences such as supervision, community service and fines.
The related legislative changes to effect the new powers will impact the District Court Act 2016, the Criminal Procedure Act 2011 and the Bail Act 2000.
“Community magistrates play a valuable part in the District Court but are currently underutilised. By expanding their jurisdiction, we can reduce bottlenecks, ease pressure on judges, and improve court timeliness”, associate justice and courts minister Nicole McKee said in a media release. “This is part of a wider effort to make real improvements in our justice system. We’re already seeing progress; criminal adjournments have dropped significantly over the past two years. The expectation is that expanding the community magistrate role will build on that momentum”.
She explained that the expansion will help District Court judges narrow their focus.
“This is a practical step to improve how our courts function day to day. Allowing community magistrates to handle more straightforward cases means District Court Judges can focus on the complex matters before them, helping reduce the long waits that frustrate victims and delay justice,” McKee said.
Budget 2025 has earmarked $1.7m in annual funding for three more community magistrates and a judge’s appointment as chief community magistrate supervising training, quality and consistency. This funding supports the magistrates’ role expansion.
“This is about making the justice system more responsive and more efficient, especially for victims. Delays in court proceedings can retraumatise those affected by crime, and we are committed to delivering justice faster”, McKee said.
