Justices of the Peace could serve as lay magistrates

There are 500,000 such cases holed up in the magistrates’ court, with 100 cases added daily, according to veteran Justice of the Peace Ackbar Khan. It is a state of affairs, Khan said, which the government must deal with because such delays are encouraging crime in the society. Newsday spoke to AG Nicholas yesterday who said it is a proposal which the government could consider. He said, “ Yes, it is something to look into. It sounds as a good idea in principle and is worth looking at.” The attorney general added that he intends to give more consideration to the matter next week.

Two attorneys, Annand Misir, who lived and worked in England, and Senior State Attorney in the Solicitor’s General department, Karel Douglas, support the proposals. JP Khan said he is currently in Canada observing the system of how JPs adjudicate on hundreds of cases and believes an application of that system in Trinidad and Tobago, would clear up what he described as a stretch- to-the-limit backlog.

Misir, who worked in England with a law firm for several years and was one of the advisers to the former Attorney General Anand Ramlogan, believes that a system of lay magistrates as obtained in the United Kingdom, could be implemented, “but only temporarily”. Port-of -Spain and Chaguanas magistrates’ court have the highest number of cases pending with a record for 2013-14 standing at 129,961 (Port-of -Spain). According to the judiciary’s annual report for 2013-14, the number of cases in Arima stood at 70,790; Tunapuna - 45,459; San Fernando (44,953); Sangre Grande -34,846; Princes Town - 32,205; Couva -23,241; Siparia -28,857; Tobago -25,121.

Misir said that what obtains in England, is structured solely for Justices of the Peace who preside as lay magistrates, dispensing with very minor infractions of the law. He said, “A lot of matters, such as traffic offences where people want to adopt a certain course, goes before a JP. To implement such a system here would require a new structure be put in place.” He, however, recommended as a measure to eliminate the backlog, that the “guilty pleas” cases be “pulled out” of the system and adjudicated upon.

Douglas, commenting in his capacity as an attorney, agrees with Khan’s proposal but recommended that JPs preside as experienced lay persons under an Alternative Dispute Resolution programme. Douglas likened such an adjudication process, to the panchayat system where elders in community resolve minor disputes. “Khan is making a good suggestion, but it will require an overhaul of the judicial system, but in the interim, I suggest that we concentrate on the backlog in the system, by pulling those cases which are minor, in which the accused wants to adopt a certain course. There are thousands.”