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WA prosecutors face 'unrelenting' pressure

Michael RamseyAAP
Amanda Forrester has spoken out over the pressures facing burnt-out staff in WA's legal system.
Camera IconAmanda Forrester has spoken out over the pressures facing burnt-out staff in WA's legal system. Credit: AAP

Western Australia's chief prosecutor has warned that her burnt-out staff are under "relentless and unsustainable pressure" which could result in mistakes and injustice for victims of crime.

Director of Public Prosecutions Amanda Forrester SC issued the stark warning in her agency's latest annual report, which revealed more criminal trials had been prosecuted in the 2021 financial year than any other over the last decade.

It came during a period in which one of the lengthiest and most complex criminal prosecutions in WA's history was completed, that of Claremont killer Bradley Robert Edwards who was sentenced to life imprisonment in December.

Ms Forrester said staff had been under growing stress which had only been exacerbated by the impacts of the coronavirus pandemic.

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"The courts' response to delays resulting from pandemic restrictions has almost exclusively been to list more hearings, and particularly more trials," she said.

There were 2385 trial days involving 516 trials in the 12 months to June 30, a "very significant" increase from the previous year.

At the time of publication there were already 836 trials listed for the 2022 financial year.

"Importantly, while new judges can commence a full hearing workload almost immediately, the (Office of the DPP) needs to hire and train new prosecutors to undertake the additional work," Ms Forrester said.

"There is no ready pool of experienced prosecutors to conduct this work. The result is an unavoidable lag in the ODPP's ability to respond to the increased demand."

There had also been a "significant decline" in the quality of non-homicide briefs provided by WA Police which had added to the workload.

The result, Ms Forrester said, was prosecutors having to work long hours and substantial unpaid overtime with little time for recuperation.

"It is the unrelenting pressure and content which elevates the danger of burnout and workplace stress," she said.

"It also enhances the risk of mistakes, and ultimately potential injustice to victims and those accused of criminal offences."

The need for work-life balance was elevated because most of WA's prosecutors were now relatively young women, she added.

Demands on lawyers are only expected to grow, with the recent state budget including funding for WA to hire an additional 950 police officers. Similar funding has been provided to the DPP to eventually bring on more prosecutors.

Convictions were secured in 59 per cent of trials last financial year, a figure which surpassed the performance threshold but declined for a third straight year.

Ms Forrester wants greater use of case management hearings which have proven effective at resolving cases or reducing the issues at trial.

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