Mr Hargreaves said the convention was that the three arms of government judicial, executive and parliament did not use the media to criticise each other.

The Canberra Times reported yesterday that Mr Cahill was concerned poor coordination, a lack of staff and insufficient information over the Christmas-New Year period meant some people who should not be on bail could be walking the streets.

His criticism was focused on the Director of Public Prosecutions and the Department of Disability, Housing and Community Services.

Mr Hargreaves said ACT agencies, including courts, functioned over Christmas with reduced staff. But if Mr Cahill had concerns, under the convention on the separation of powers, they should not be raised in the media.

The executive, (the cabinet) did not criticise the judiciary publicly.

''I think it is fair to report I am disappointed that the judiciary would see fit to prosecute a point of view in the public arena instead of respecting the doctrine of the separation of powers,'' Mr Hargreaves said. Magistrates had information given to them by police and other experts such as child welfare officers, medical practitioners and mental health staff. The latter also operated with reduced staff over Christmas.

Mr Hargreaves said it was noteworthy Mr Cahill, president of the ACT Mental Health Tribunal, had not criticised mental health staff.

''If there is an issue, the executive will respond to the needs of the judiciary,'' Mr Hargreaves said. ''If that response is inadequate, it is the responsibility of the chief magistrate or chief justice to make this known.''

Mr Hargreaves said he would raise the matter with Attorney-General Simon Corbell when he returned from leave. He would ask today for a briefing on the extent to which the Chief Magistrate had engaged with the department on the resourcing of the Director of Public Prosecutions.