Judiciary on path to combatting case backlog

LEE MERRY

High Tide Project

IN A MEDIA release dated April 30, following the first arraignment under the Administration of Justice (Indictable Proceedings) Act, 2011 (the legislation which abolishes preliminary enquiries), the judiciary appears to have endorsed a target set by Justice Lisa Ramsumair-Hinds that “every non-capital indictable matter is determined within a year and every new capital indictment will be determined in two years.”

Leaving to one side the question of whether it is appropriate to set a longer target for completion of capital matters, given the effect of these offences on victims’ families and the fact that many accused people are still denied bail, this endorsement is a step in the right direction and the judiciary must be congratulated for adopting it.

All stakeholders are now aware of what success looks like, which will assist them in achieving it.

Of course, achieving the target will require tireless effort on the part of masters, judges, attorneys and court staff. Importantly, there needs to be a complete culture change in which deadlines are enforced and courts are prepared to take action (if necessary dismissing charges) when those deadlines are not met.

It remains to be seen whether judicial officers and the legal profession (both Director of Public Prosecutions (DPP) and criminal bar) have the appetite for the significantly increased workload which will be the inevitable result.

While the act contains provisions which will allow indictable cases commenced under the previous system to be shepherded into the "new system," there are very serious concerns about the effect its implementation will have on older matters.

For instance, there are many cases in which committal orders have already been made and which are awaiting the filing of an indictment by the DPP. These matters are in a state of limbo and under the current legislative scheme the only way to ensure they are not left behind is to provide additional resources to the DPP.

The implementation of the act is likely to result in a more overburdened DPP, which will mean he has even less time to devote to older matters.

Additionally, it remains to be seen what effect the new system will have on the delivery of justice in the magistrates’ court.

On paper, the abolition of preliminary enquiries should significantly decrease the workload of magistrates and give them more time to deal with less serious matters.

In reality, unless the "adjournment culture" which currently pervades magistrates’ court proceedings is abandoned, the sheer number of less serious cases is high enough that serious delay will continue to afflict the lower courts.

The abolition of preliminary enquiries has been a long time in the making, but it represents only the very beginning of the journey to eradicating delay.

I congratulate the executive and the judiciary on taking this first step, but urge them to capitalise on their forward momentum by devoting the necessary resources and promoting the culture change which are both required to achieve positive outcomes on the ground.