Paper committals, plea bargaining, and review of bail system

Their Draft comments on some important aspects, including paper committals for indictable offences; the oppressive system of bail, which they claim is open to corruption, and plea bargaining.

They have released the draft in the hope of generating discussions on the various issues:

"We would like to express our deep concern over the spiralling crime situation in the country which is being worsened by the apparent paralysis which has overtaken many of the institutions charged with the responsibility for containing such a situation.

We, however, would like to hereby re-affirm our commitment to the task of dispensing justice but with the deteriorating social conditions accompanied by and aggravated by the serious drug problem, we hold that our role in the front line of the judicial process has become even more critical.

To the end of addressing this position, we would like to make the following observations and suggestions to have "due process" of law applied more swiftly and effectively.

1. TRAINING

We suggest that new recruits to the Magistracy undergo a course of training in certain aspects of the job, including agencies with which they interface on a daily basis.

Though we recognise that Magistrates’ discretion should not be fettered in any way, we hold that some discussion and examination on sentencing of convicted persons should be a fixture in such training.

There are just too many cases on the daily list, which is made up of a diverse range of matters, ranging from murder, rape to inquests.

To this end we would like to recommend that the functions of Magistrates be structured somewhat along the line of the Assize Courts.

A closer study of this system and a more refined application may prove of invaluable assistance in streamlining the system now being employed.

2. AMENDMENTS

(a) Indictable Offences — Preliminary Inquiry (PI)

With the growth of (serious) crime on a national scale we would like to recommend paper committals for all indictable offences similar to S 33 of the Sexual Offences Act No 17 of 1986, with an amendment to same that would permit the Accused or his Counsel to elect witnesses for cross-examination and require them to specify the areas of testimony for scrutiny, without having to revert to the present system, which now obtains, if any objection to any witness is raised.

We are convinced that adoption of such a procedure would in no way prejudice accused persons and simultaneously will allow much more time to Magistrates to conduct other business.

(b) Bail

The present system of bail to accused and/or defendants is on the one hand oppressive and on the other, open to corruption and abuse.

Magistrates are often faced with the predicament of leaving undeserving persons in custody for want of a surety, or creating ‘business’ opportunities for the professionals.

We would like to recommend amendment to the Bail Act that would create bonded bail houses with a fixed schedule of reasonable fees for the service. This measure will certainly eliminate a lot of stress to Magistrates and the public.

3. REMAND —

May we suggest that the new facility at Golden Grove be built with a ‘Remand Court’ adjudicated over by a visiting Magistrate.

This will reduce the security risk of having to transport persons to courts in various parts of the country.

In other words, persons would have their constitutional right to see a Magistrate at given intervals protected, and taken to the Court only when both sides have indicated their readiness to proceed with the trial or inquiry. The measure will reduce transport costs to the respective services.

4. PLEA BARGAINING

With the growing sub-culture in crime many of the young ‘aspirants’ though still within the range of rehabilitation are lost to society as they are driven to plead by the fear emanating from the calls for harsh and sometimes cruel punishment.

We feel that the calls for harsh punishment can be counter-productive in given circumstances whereas a firm but conciliatory hand extended by the system can, not only avoid great expense to the State but rehabilitate many young persons and save them from a life of crime. A system of plea bargaining would also add to the Magistrates’ repertoire in tempering justice with mercy.

Magistrates’ Courts are in the frontline of the judicial process and meet every person accused of a crime in Trinidad and Tobago.

The very first impression should therefore be that it is an institution that is capable of applying and will apply ‘due process’ effectively.

We would like to suggest a greater study be made of the whole Summary Court system and hereby call for more resources particularly in the form of manpower and technology to be introduced into Magistrates’ Courts.

5. COMPUTER TECHNOLOGY

This is required to have case notes for Appeals and depositions transcribed speedily and without employing as much manpower that causes much disruption.

It is evident that computer technology replace note-takers who write in long hand or a speed system.

We recommend computer technology be employed in note-taking at Magistrates’ Courts as well as for case list preparation, another cumbersome and time consuming exercise employed at present.

Given the tools and the back-up services, we Magistrates hold that ‘respect for the law’ can be recaptured.