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Magistrates left in the dark on family violence cases, royal commission hears Magistrates left in the dark on family violence cases, royal commission hears
(about 2 hours later)
Until six weeks ago, presiding officers of Victoria’s magistrates court did not always know whether a matter that came before them was family violence related, because the court technology did not allow it, the royal commission into family violence has heard.Until six weeks ago, presiding officers of Victoria’s magistrates court did not always know whether a matter that came before them was family violence related, because the court technology did not allow it, the royal commission into family violence has heard.
Giving evidence before the commission, the court’s deputy chief magistrate, Felicity Broughton, said magistrates were not always given the context in which a charge against a defendant had been made.Giving evidence before the commission, the court’s deputy chief magistrate, Felicity Broughton, said magistrates were not always given the context in which a charge against a defendant had been made.
“Until approximately six weeks ago, we couldn’t really tell if a recklessly caused serious injury charge [was] a family violence offence, a road rage matter, or something that had happened in a bar,” Broughton said.“Until approximately six weeks ago, we couldn’t really tell if a recklessly caused serious injury charge [was] a family violence offence, a road rage matter, or something that had happened in a bar,” Broughton said.
Related: Family violence royal commission: the seven lessons learned so farRelated: Family violence royal commission: the seven lessons learned so far
“So our capacity to manage [family violence] cases by identifying them in the system was just not there. We have been working for two years with Victoria police to get that data sent across to us so we have a much better capacity now to be able to manage those cases.”“So our capacity to manage [family violence] cases by identifying them in the system was just not there. We have been working for two years with Victoria police to get that data sent across to us so we have a much better capacity now to be able to manage those cases.”
The commission on Wednesday heard from senior court staff including judges, magistrates and lawyers about how intervention orders made by victims of family violence against their perpetrators, and breaches of those intervention orders, went through the court system.The commission on Wednesday heard from senior court staff including judges, magistrates and lawyers about how intervention orders made by victims of family violence against their perpetrators, and breaches of those intervention orders, went through the court system.
It could take months until a breach of an intervention order came before the court, the court heard, leaving victims at risk of further breaches in the interim, the commission heard. When an intervention order breach did come before a court, the presiding officer must be given access to as much information as possible, Broughton said. It could take months until a breach of an intervention order came before the court, leaving victims at risk of further breaches in the interim, the commission heard. When an intervention order breach did come before a court, the presiding officer must be given access to as much information as possible, Broughton said.
“It’s the case that you might be sitting, as I did last week, dealing with a charge of a persistent breach of an intervention order in relation to conduct which took place in April and May of last year, and it had been wandering its way through through the system for some time before it came before me,” she said.“It’s the case that you might be sitting, as I did last week, dealing with a charge of a persistent breach of an intervention order in relation to conduct which took place in April and May of last year, and it had been wandering its way through through the system for some time before it came before me,” she said.
Related: Family violence commission told offenders should be forced from homesRelated: Family violence commission told offenders should be forced from homes
In that case, the defendant had wanted her to adjourn the case until a psychologists report had been prepared, in the hope that it would mitigate any punishment to his guilty plea, Broughton said. She decided to have him make his guilty plea that day, and then adjourned until the further evidence could be provided to the court.In that case, the defendant had wanted her to adjourn the case until a psychologists report had been prepared, in the hope that it would mitigate any punishment to his guilty plea, Broughton said. She decided to have him make his guilty plea that day, and then adjourned until the further evidence could be provided to the court.
“To my horror, I found events which had taken place in July last year, which involved allegations he had set fire to his partner’s home and had caused criminal damage to his partners vehicle and her new boyfriend’s vehicle, were listed for a plea in the county court later this year,” Broughton said.“To my horror, I found events which had taken place in July last year, which involved allegations he had set fire to his partner’s home and had caused criminal damage to his partners vehicle and her new boyfriend’s vehicle, were listed for a plea in the county court later this year,” Broughton said.
“I think that summarises a number of issues in terms of way that matters come before court. It’s not linear.”“I think that summarises a number of issues in terms of way that matters come before court. It’s not linear.”
Too often, skilled court staff were left doing menial and time-consuming duties that could be better carried out by technology if it were available, Broughton said, a situation she described as “madness, simply madness”.Too often, skilled court staff were left doing menial and time-consuming duties that could be better carried out by technology if it were available, Broughton said, a situation she described as “madness, simply madness”.
Magistrate Kate Hawkins agreed, telling the commission in her evidence that staff needed to be given the resources and technology to free up their time to focus on cases and victims.Magistrate Kate Hawkins agreed, telling the commission in her evidence that staff needed to be given the resources and technology to free up their time to focus on cases and victims.
It was important for police and courts to share information about a perpetrator’s history, Hawkins said, because court appearances were pivotal opportunities for judges and magistrates to hold perpetrators to account and make sure they complied with court orders.It was important for police and courts to share information about a perpetrator’s history, Hawkins said, because court appearances were pivotal opportunities for judges and magistrates to hold perpetrators to account and make sure they complied with court orders.
Dr Chris Atmore, a lawyer and senior policy advisor on family violence to the Federation of Community Legal Centres, told the commission that only 44% of perpetrators appeared at court for intervention orders matters, including breaches.Dr Chris Atmore, a lawyer and senior policy advisor on family violence to the Federation of Community Legal Centres, told the commission that only 44% of perpetrators appeared at court for intervention orders matters, including breaches.
“I would strongly advocate for the other 56% to be made accountable,” Atmore said. “We don’t know what happens with that 56% who never turn up to court. Are they the ones who are likely to result in more severe injury and death [to their victims]?”“I would strongly advocate for the other 56% to be made accountable,” Atmore said. “We don’t know what happens with that 56% who never turn up to court. Are they the ones who are likely to result in more severe injury and death [to their victims]?”
Perpetrators became emboldened when they were able to delay court appearances or not show up at all, Atmore said, and being forced to face a court could sometimes help them to comprehend the gravity of the situation.Perpetrators became emboldened when they were able to delay court appearances or not show up at all, Atmore said, and being forced to face a court could sometimes help them to comprehend the gravity of the situation.
Earlier in the day the commission heard from Judge Eugene Hyman, a retired judge with the superior court of California who presided over the adult domestic violence court as well as over the first juvenile domestic violence and family violence court in the US.Earlier in the day the commission heard from Judge Eugene Hyman, a retired judge with the superior court of California who presided over the adult domestic violence court as well as over the first juvenile domestic violence and family violence court in the US.
He spoke of the importance of measures like intervention orders and punishments for breaches being enforced as soon as possible. In the US, he said, sending so much as a text message to a victim when there was an intervention order in place could lead to an arrest.He spoke of the importance of measures like intervention orders and punishments for breaches being enforced as soon as possible. In the US, he said, sending so much as a text message to a victim when there was an intervention order in place could lead to an arrest.
Otherwise, “the perpetrator is able to say to the victim: ‘See you made a complaint, and nothing happened’,” Hyman said.Otherwise, “the perpetrator is able to say to the victim: ‘See you made a complaint, and nothing happened’,” Hyman said.
The hearings continue.The hearings continue.