What happens to my case over the Christmas break?
Along with the rest of the State, the courts close down over Christmas and re-open in the new year. Many lawyers offices also close. For accused persons on bail or in custody, this can be a stressful proposition particularly if they have urgent applications or other matters that need to be dealt with right as Christmas approaches. It can also be problematic for people who unfortunately get arrested over the Christmas holidays, as there are less court listings available for bail applications.
The time period over which the courts close differs depending on which court it is.
Supreme Court
The Supreme Court closes on 25 December 2021 and re-opens on 11 January 2022.
District Court
The District Court closes on 24 December 2021 and re-opens on 12 January 2022.
Magistrates CourtÂ
The Magistrates Court does not appear to officially close over Christmas. Whether a particular Magistrates Court is open depends upon the individual court registry. For example, Perth Magistrates Court might be open on a day when the Rockingham Court is closed. It is advised to check with the individual Magistrates Court registry to see if they are open on the relevant day that concerns you.
Further information about court sitting dates can be found at the WA government “Law Almanac” website.
Urgent matters – can they still be heard during the court closure?
Generally, urgent matters can still be heard in any court even during the Christmas break. There is usually a “duty judge” (or Magistrate) who will deal with urgent matters such as bail applications. There is also the Northbridge Court, which operates on Saturday and Sunday for persons arrested over the weekend and in custody at Perth Watch House. It’s not the situation that if you are arrested over Christmas, you must wait several weeks until you can have your case for bail head. But if, for instance, bail is refused and you want a review, you might find it harder to get a listing at short notice.
Our opening hours over Christmas
James Jackson Criminal Defence will be open until 23 December 2021. We then close for a period of 10 days until 3 January 2022. Of course, if anything urgent arises in the “closed” period, we will deal with it including instructing counsel to appear if necessary. While we are closed, we will continue to manage and monitor our client’s cases until we re-open in the New Year.
We wish all our clients a safe and happy Christmas and New Year holiday period.