KINGSTON, Jamaica — Chief Justice Bryan Sykes has recognised the performance of several of the country’s courts and the strides being made to improve efficiency within the judicial system.

“The parish courts continue to deliver outstanding service even though the time standard has been reduced to 20 months, the net backlog is still under three per cent. So, in the face of inadequate courtrooms and the impact of Hurricane Melissa, they have continued to perform well,” he said.

Justice Sykes was speaking during the recent swearing-in ceremony at King’s House for six judicial officers who have been appointed to act in higher offices.

The Court of Appeal has also continued its work of excellence and is delivering 56 judgments for every 10 judgments reserved.

He said the entity was already “one of the better performing courts of appeal within the region.

The chief justice also informed that some structural changes are being undertaken at the Supreme Court, particularly as it relates to the civil registry. He noted that this is being undertaken with the assistance of the Ministry of Finance.

“We are changing the structure to facilitate the development of a docket system, where the judges, the masters, and the staff will be assigned in teams, and so they will have a stock of cases that they are responsible for from the time it is assigned, to that particular team, until it is disposed of unless there is some other reason for it not to remain there,” he said.

Additionally, in approximately 12 weeks’ time, the Court of Appeal, the High Court Division of the Gun Court in Kingston, the St Thomas Parish Court and the Court Administration Division should be ISO certified.

“That is a very significant development… .  It doesn’t say that we are perfect but what it is saying is that we are committed to establishing and maintaining a minimum standard of service to our citizens. And when that is done, our processes and time standards will become known, that is how we are going to be held accountable,” the chief justice said.

Meanwhile, Justice Sykes has called for the review of the circuit court system in addressing the volume and complexity of cases, as well as the reform of the jury system.

“We have to continue to look at the circuit court system as repeatedly said; not that it was bad, but it has outlived its usefulness. It really cannot cope with the volume of cases and the complexity of the cases, and there is no such thing as a simple case anymore in the circuit courts.

“All of the cases…, they have complex evidentiary matters to be addressed by the trial judges, and so it is consuming a significant amount of time, and the four weeks, even with the most efficient judge is simply not sufficient to address the issues there. [This] brings us to the age-old debate of jury trials as opposed to bench trials, and to see that that debate has occupied not just us,” he said.

He cited developments in England and Wales where retired senior judge Sir Brian Leveson was tasked by the government to solve the problem of a backlog of 78,000 cases.

“They, like us, are setting cases four and five years down the road, and so the Government has recognised that this is not sustainable. Something has to happen, and among the more controversial recommendations was, believe it or not, the curtailment of jury trials.

“So, the home of the jury trials is now saying maybe we need to rethink the jury system having regard to the cases that are in backlog, and the estimate is that unless something is done, the backlog will reach 100,000 by 2028/29, going into 2030 and so the question now of timely justice is a significant one,” he said.

Justice Sykes also cited the United States and the use of plea bargaining, particularly in the federal system.

“In the federal system, over 97 per cent of cases there are disposed of through the plea-bargaining system. So, it’s something for the Office of the Director of Public Prosecutions to consider because we cannot try our way out of the backlog that we have, and our backlog is roughly 3,000 cases, over 1,000 at the Home Circuit Court downtown, and the rest scattered across the island.

It’s just simply impossible, so I’m suggesting to the prosecution then, as was expected when they went on a training programme a few years ago, that in every single case that they have, they come with a position that they are prepared to present to the defence, as to how to dispose of the matter properly and fairly. But the current system simply cannot continue,” he said, noting that he had previously raised the matter of reform with the minister of justice.

Meanwhile, the chief justice also called for the judiciary to be given greater control over its capital budget.

– JIS