MINISTER of Justice Delroy Chuck is expecting a significant reduction in the backlog of cases in the courts by the end of the fiscal year 2022/23.

Addressing the issue in his Sectoral Debate presentationtold the House of Representatives on Wednesday, Chuck also told the House that by the end of 2022/23, parish courts should be able to conduct virtual hearings.

Chuck said that equipment to facilitate virtual hearings is already available in most courtrooms at the Supreme Court, and the technology is now being replicated in other courtrooms across the island.

He said that the judiciary is hoping to dispose of 95 per cent of cases coming into the courts within 24 months from the date of filing by 2025. Based on the current performance of the courts, the judiciary is on track to attain its target, he argued.

“However, the real challenge is in trial matters. Chief Justice Sykes is determined to ensure trial date certainty and reduction in the number of mention dates. It is quite concerning that in the Civil Court, trials are now being placed in 2027 and 2028, which is five plus years, and this is a ‘lose-lose’ situation for litigants,” Chuck said.

“We expect that the backlog in cases should be significantly reduced, even though we recognise that a major constraint which remains is the provision of outstanding transcripts. If transcripts can be provided on time, the target should be for applications to the Court of Appeal, to be completed within 12 months, even though, in some complex cases, this may take longer,” he told the House.

He said that he was happy to report that there is some improvement in the time taken to deliver judgements, as the records show that they were delivered for 268 cases over the period April 2021 to March 2022. The judgement delivery rate over the period was 172 per cent. Since 2018 there have been 163 judgements delivered for every 100 judgements reserved, producing a judgements clearance rate of 163 per cent.

According to Chuck, the work continues towards reducing case backlog in the courts. A case is considered to be in a state of backlog after being in the court system for over two years without being disposed of.

Currently, less than five per cent of active criminal cases in the parish courts jurisdiction are in a state of backlog. Some 72.8 per cent of criminal cases filed in these courts are currently being resolved within 12 months, while 88.46 per cent are being disposed of within 24 months. The overall average time taken to dispose a criminal case in the parish courts is now 11 months.

In the Civil Division of the parish courts, he said that the overall average time to disposition is currently 12 months with 75.6 per cent of cases being disposed of within 12 months, and roughly 88 per cent within 24 months.

The minister said that, in respect to probate matters, the average time to complete is 16.5 months, while some probate matters were delivered within six weeks during the last year.

He said probate and matrimonial matters are expected to be processed at a faster pace, following the establishment of the Family and Probate Division of the Supreme Court in September 2021.

“The Family and Probate Division is equipped with dedicated judges and there has been operational reform in these registries which we anticipate will result in matters moving more efficiently,” Chuck added.

Meanwhile, Chuck also made a case for greater utilisation of the Plea Negotiations and Agreements Act.

“I still believe, however, that we need to use the Plea Negotiations and Agreements Act. Regrettably, this Act has earned an unnecessary bad image, as it is seen as operating just when an accused pleads guilty, which is clearly not the case,” Chuck said.

He argued that the Act, as its name reflects, involves negotiation and agreement in which the accused is invited to plead guilty, in consideration of an appropriate sentence to be negotiated between the prosecution and defence and approved by the trial judge.

He said that, in most cases, it involves a lesser sentence than would normally be imposed, if the matter had gone to trial and a guilty verdict was found. But, in appropriate cases, even if the defence attorney seeks a reduced sentence, the judge could still impose the maximum sentence or a sentence that fits the nature and gravity of the crime.

“However, what is important is that, at least, in the sentencing process, the prosecutor plays a role and both the aggravating and mitigating factors are examined and, where possible, the victim or the victim’s family and friends are consulted. This is how plea bargaining operates in the United States,” he said.