Georgetown: In Guyana there are only two Criminal Courts and not enough judges and prosecutors and the buildup of cases has been affecting the judiciary for decades, according to a recent report published by the United Nations Development Programme (UNDP), titled Caribbean Justice: A needs assessment of the judicial system in nine countries.
The report was written to provide an up-to-date view of the present state of play in the administration of justice systems in nine Caribbean countries; to identify practices and areas for improvements; and to make recommendations for strategic interventions.
The report noted that instead of having the required complement of 20 judges, Guyana only has 14, as well as three of the expected five Court of Appeal Judges. The report highlighted that despite advertisements, there are only two judicial research assistants.
It was also noted that there are several districts Magistrate’s Courts that deal with criminal matters.
The report said that even though temporary judges have been used in the past at the Court of Appeal, it is not seen as a permanent solution.
With respect to the backlog, the report said that civil matters have been reduced. It was keen to note however, that criminal cases will slowly raise the backlog since the original backlog that was addressed was more of a one-off exercise that depended on the goodwill of judges who took on extra caseloads.
“If the present cadre of judges is not increased, then the issue of backlogs will not be addressed. It is recommended that further options for increasing the human resource capacity including for judicial legal research assistants, Judges, prosecutors and trained mediators be explored,” the report stated.
The UNDP has conducted an extensive assessment of the administration of justice in nine countries in the Caribbean (Antigua and Barbuda, Barbados, Belize, Dominica, Grenada, Guyana, St Kitts and Nevis, St Lucia, and Trinidad and Tobago). The assessment includes an initial desk review, followed by the development and application of an online needs assessment tool, and then broad consultations with judicial stakeholders in each jurisdiction, with a subsequent consultation with regional judges from all participating countries.
This report highlights trends across the region and identifies potential opportunities for the international community on how to add value to current efforts and initiatives on improving the justice system. One of the most challenging issues in all regional jurisdictions is the backlog of cases, particularly with respect to criminal cases. The cause of these backlogs are multifaceted and can be attributed to a number of factors, including slow investigations carried out by the police, delays in the deposition process, and a lack of human and technological resources. The over-reliance on pre-trial detention due to a lack of pre-trial alternatives was a cause for concern as, within the context of a slow judicial process, it raises infringements on due process and habeas corpus issues that need addressing.
Governments` efforts to improve the administration of justice were recognized in the assessment, particularly efforts on legislative reform, strengthening of institutional capacities across all justice institutions, and on professional development. The introduction of specialised courts was also noted, such as drug, family, juvenile, and sexual offence courts, as well as the introduction by other courts of improved structure and discipline in case management processes, and the increased use of technology for efficiency purposes.
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