Judiciary: Admin of Justice Act amendment will help reduce delays

The Administration of Justice (Indictable Proceedings) Act 2011 (AJIPAA), was proclaimed on Tuesday by President Christine Kangaloo.

A statement by the judiciary described AJIPAA as a landmark piece of legislation that “heralds a new era in legal proceedings and criminal justice reform.”

It noted the amended law transforms the process for indictable matters, such as murder, kidnapping, money laundering and some forms of sexual abuse, by removing preliminary enquiries and allowing the cases to go straight to the High Court.

The judiciary said the change would help to reduce delays and provide opportunities for stronger case management by the courts.

The judiciary said, apart from the removal of preliminary enquiries, the new system allows all indictable matters to be filed on its new e-forms platform SWiF which offers a safe and secure platform for completing and submitting court forms.

AJIPAA also allows for a new case flow with the introduction of initial hearings and sufficiency hearings.

According to the judiciary, initial hearings will be conducted by a master of the High Court when the case is filed, or the next working day.

The master will issue a scheduling order that sets the deadlines for the key actions to be taken before a sufficiency hearing, to ensure the case is ready for the next stage of court proceedings.

Indictments will be filed before the start of the sufficiency hearing.

The judiciary said the AJIPAA framework encourages the use of electronic systems as evidence must be uploaded digitally on its evidence-management platform, Case Center, and presented digitally in court.

It said the new method reduced the opportunity for delay in the court process in instances when physical evidence was not readily available and made its presentation more secure and clearer.

The judiciary said it had adapted its processes and enhanced its infrastructure to deliver on the requirements of the act and added orientation sessions had been organised for the Law Association of Trinidad and Tobago (LATT), the police, the Department of Public Prosecutions (DPP) and other justice sector stakeholders.

The Judiciary said it hoped the change would eventually result in a smoother flow of indictable matters through the criminal justice system by improving the pace and delivery of justice while enhancing efficiency, fairness, and transparency.