Courts can now appoint public defenders

IN AN effort to discourage delays and avoid unnecessary hearings, the Chief Justice has issued new rules which will allow judges to appoint public defenders to represent an accused or child in criminal proceedings.

The new practice directions were gazetted on Tuesday.

The rules are intended to enable courts to deal with cases justly, efficiently and expeditiously. It seeks to do so by having parties promptly tell the court of anything that may affect the date and duration of the trial or will significantly affect the progress of the case in any way.

It is also hoped to encourage participants to co-operate in the progression of the case and will allow for the giving of directions and taking steps to actively manage a case.

The practice directions apply to both judges and masters in the criminal division who can now proceed with a case when the non-attendance of an attorney on record substantially impacts the start or progress of the matter.

The appointment of a public defender by a judge or master can be done with or without the consent of an accused, child and their parent or guardian. In the latter, this will be allowed where the court is satisfied the start or progress of the case has been substantially impacted by an attorney’s absence no fewer than three times.

The judge or master has to also be satisfied that in making such a direction, it will not prejudice the accused or child or the fairness of the trial and to do so will be in the interest of justice.

Judges and masters cannot appoint public defender without first telling the accused, on the second adjournment of the case, they intended to do so or unless the attorney on record appears at the next adjourn date and is ready to proceed with the case.

If a judge or master informs the accused of their intention to appoint a public defender, notice will be served on the attorney on record at least 14 days before the adjourned date of hearing and an accused will be given the same time to hire another attorney if they wished.

“Nothing in these directions should be construed as preventing an accused or child from changing an attorney on record or otherwise instructing legal representation of their choice at any time.”

Last week, the Judiciary came under fire from the Prime Minister who said despite millions of dollars being given to the body in resources, justice remained slow.

“I have not seen any acceleration of justice in TT,” Dr Rowley said at his Conversations with the Prime Minister event in Arouca, as he spoke of some of the measures approved by Cabinet for the judicial system.