When you work on the Northern Territory's bush court circuit, notions of the daily commute and a hard day's work take on a whole new meaning. Claire Chaffey reports

It is often quipped that youth, energy and fearlessness are closely associated, and it is equally acknowledged that such traits diminish as one grows older. And while being young in the legal profession often means having less responsibility and more dull tasks, this is certainly not true for the young lawyers on the bush court circuit.

The young and the restless

When something as simple as just getting to court usually requires a hair-raising ride in a single engine light plane, or a lengthy pot-hole plagued trip along isolated and barely passable bush tracks, it's not surprising that lawyers with youthful zest and enthusiasm are better equipped for the bush court circuit than most.

Considering the effort required to get there, as well as the nature of the work - which is mostly criminal - working in the bush courts is squarely in the domain of young lawyers.

"Generally, [the circuit lawyers] are young, energetic people with a lot of fire and passion in them," says Director of Public Prosecutions prosecutor Steve Ledek, who himself has plenty of tales from the circuits of Nhulunbuy, G'aliwinku and Gapuwiyak.

"The planes can be a little unreliable - not to say there is anything untoward with the air safety services up here - but it has been known for a door to fly open mid-flight," he laughs.

"Particularly during the wet season, when we get seasonal rain and stormy, cyclonic weather, it can be a hairy ride."

And while young circuit prosecutors and defence lawyers will happily jump in a pencil plane, or spend hours testing out the suspension in a police-issued four wheel drive, the circuit magistrates tend to be a little fussier. "The magistrates get a different service," says Ledek. "They all fly on turbo jet [twin engine] planes ... they just will not take the risk."

Not your average day in court

If you do manage to make it to court, says Ward Keller lawyer and vice-president of the Northern Territory Young Lawyers Association Ashley Marsh, it is a fascinating experience and one which quickly endows young practitioners with an armoury of legal skills.

"As a defence lawyer, it's a matter of getting your instructions efficiently," says Marsh. "The magistrate really relies on [us] to get the process moving, otherwise they'll be stuck there all day."

But getting instructions is not so simple, with defendants sometimes "going bush" to avoid facing charges, and language barriers slowing the entire process.

Adding to this, court sessions are generally held in any available building within the community, and resources and facilities are often scarce.

"Lawyers may be in the situation where they just have to find somewhere to sit or stand, under a tree or on a log, and just make do with what they've got," says Marsh. "Quite often it's incredibly hot and you're out in the sun. It's certainly a different feel from the courts in Alice Springs and Darwin."

But it's not just the defence lawyers who have to display ingenuity, with prosecutors and magistrates also having to adapt to the idiosyncrasies of remote living.

"We've got a new magistrate up here ... who has been working in policy for the Department of Justice," recounts Ledek.

"She came to the bench this year and did a call over for the first circuit she ever attended. She said; 'This can't be right. There are eight hearings listed on the one day.' I replied; 'To be honest, your Honour, that is quite a light list'."

Ledek says he has learned to adapt to the unusual requirements of prosecuting on the bush circuit and emphasises the importance of cultural awareness and improvisation.

"Sometimes it's a transient population ... so making sure you have all the witnesses you need to prove all the elements [of a crime] can be very difficult. You work on the premise that you are going to have a very narrow availability," he says.

"You also have to consider the kinship and cultural ties of the communities ... There are so many different elements and considerations that come into play."

Black letter law

When it comes down to it, says Ledek, the bush courts are - despite their more informal nature - there to serve the same purpose as those in urban centres.

"There are no concessions made to the way that a bush court operates. [Magistrates] have to make determinations on the letter of the law and there is nothing you can do about it," he says.

"But the beauty of the bush courts is that there is no livery or airs and graces. You get to the nub of the matter very quickly ... because you simply don't have time to go into the legal intricacies. You know the law and you apply it as best you can."

And whether the matter concerns a "bread and butter" offence such as aggravated assault, break and enter or unlawful use of alcohol - or a more unusual case of hunting, cooking and devouring an emu on someone else's property - remote communities are generally very receptive to the courts' presence.

"[The communities] know the courts are serious, but they also know they don't have to travel hours or days to attend court in [a major centre]," says Marsh. "Access to justice would be non-existent without them."

According to Ledek, more and more bush courts are being created, often at the behest of petitions from remote communities. "[People] believe in law and order and the protection of the individual. They have as much right to protection under the law as their cousins in urban settings," he says.

Community court processes (or circle sentencing) - involving a conference in which defendants, victims, correctional services and community elders suggest appropriate punishments - is also an increasingly popular method of delivering justice.

"Circle sentencing is something a lot of the communities ask for and are participating in. It is becoming more common, though it is taking time to evolve and develop," he says.

Benefits of the bush

The challenges thrown up by working on the bush court circuit are substantial, but both Ledek and Marsh see this as a positive.

"I enjoy the challenge of being able to go to these remote places and speak to the people ... to go where they live, with their language," says Marsh. "It's a really interesting concept and a real challenge."

And while Ledek acknowledges the myriad difficulties often lead to frustration, he also attests to the benefits of working within such a unique court system.

"It's a place to cut your teeth and learn the mechanics of law. It's real nuts and bolts stuff ... and you learn to apply realistic solutions to difficult problems," he says.

"It's a levelling experience too, because everyone is in the same boat and everyone is under the same amount of pressure. It's certainly unlike anywhere else, or any other court, you'll ever have to be in."

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