There will be input from all stakeholders in the criminal justice system as Barbados continues its efforts to implement modern rules to achieve the level of reform necessary for a more efficient legal system.
Attorney General Dale Marshall expressed the view on Monday, September 9, declaring: “Every single organisation, every body, physically or corporate, will have an input into the function of these rules to make sure that our criminal justice system achieves the level of reform that we want to achieve.”
Speaking to members of the judiciary during a two-day symposium to discuss the Draft Criminal Procedure Rules 2024, at the Lloyd Erskine Sandiford Centre, Two Mile Hill, St. Michael, Mr. Marshall reiterated that the process of reform began just over a year ago.
Noting that since then, he was “happy” to report on the important steps made along the way, he added: “We have some new legislation that we committed to having at the time of that symposium, and there are others that are expected to come. But, pivotal or central to this entire process is the foundation on which the judicial system criminal bench will operate. I have to give credit, though, to the bench. As AG, I am often the first person complaining about the pace at which criminal justice matters are completed.”
On that point, the Attorney General shared “heart-warming” statistics for the 18-month period between January 2023 to June 2024, on criminal trials which he received from the Director of Public Prosecutions (DPP), about six weeks ago.
Mr. Marshall stated: “The criminal bench disposed of 584 cases, 67 of which were homicides… That doesn’t mean that we had 584 trials. The language that they used was very careful. But the point is, we need to see the cases move through the system and reach the end, whether it is through trial or whatever other mechanisms we can use.
“I thank you for that hard work. But the downside to that is that the DPP also told me, that we have 1,600 cases… 1,600 indictable matters, still to be done. Now, if you do the math, you would see that at that rate, we have quite a few years ahead of us still. Unfortunately, we don’t have the luxury of waiting three or four years to see that 1,600 brought down, and the police is making sure that cases are being added on a daily basis. So, we are in a difficult place.”
However, despite the challenges, the Attorney General is confident that government continued to make significant progress by “passing the laws that we need to pass”, strengthening the judiciary and the office of the DPP.
Mr. Marshall stressed that the symposium was of “tremendous” importance.
“There are still things to be worked out, but the fact is that the executive is in no position to work out these things. So, the rules have to make sense, not to the members of Cabinet… not to Parliament; they have to make sense to the people who will work with them, whose ‘basket and hoe’ they will become.
“So, this interaction, I hope, will be only as formal as it needs to be, but that it will achieve the purpose of helping us to get through these rules, so that when they are put into force, we don’t have people saying, ‘I didn’t know, I wasn’t there. I didn’t know anything about it’. Consultation is key, and this is an important part of that process,” Mr. Marshall underlined.