Above: Illustration by luriMotov/DepositPhotos/
BitDepth#1441 for January 15, 2024
In 2017, the Workplace of the Prime Minister (OPM) revealed an announcement saying the abolition of the system of preliminary investigations.
OPM claimed that, “With roughly 142,00zero instances coming earlier than the courts yearly, the system is stretched past capability. The court docket has solely 50 magistrates who, some will argue, are unrealistically overburdened by the present system.”
Talking on the opening of the 2021-2022 legislation time period, Grasp Christie-Anne Morris-Alleyne famous that greater than 150,00zero new instances are submitted every year to be heard by 111 judges, masters and magistrates.
It took greater than a decade for this alteration and for the Administration of Justice (Legal Proceedings) Act 2011 (AJIPAA) to change into legislation.
From 12 December 2023, indictable instances – these inflicting hurt, together with homicide, malicious wounding and arson – can be heard within the Excessive Courtroom below the brand new digitally enabled system.
Previous to the institution of the brand new system, indicted instances had been first assessed at a District Courtroom earlier than being referred for trial by the Director of Public Prosecutions.
The indictment might solely be laid by the DPP after the impeachment proceedings had been accomplished within the decrease court docket, a course of that would take years. Solely then will the case be moved to the Excessive Courtroom for trial.
This preliminary investigation course of has launched vital delays into the authorized system, in addition to different points impacting the standard of justice, together with the deterioration of the integrity of witness recall over time, the provision and situation of proof, and the potential loss or misplacement of case-related info . .
In changing the system of preliminary investigations, the Judiciary was challenged not solely to streamline the method, however to make it extra sturdy and clear, making certain better equity within the instances that symbolize the best degree of legal judgment within the TT authorized system.
In 2017, the judiciary started implementing its “e-strategy”, digitizing present paper information and digitizing its handbook operations.
In 2020, covid-19 pushed that mission into excessive gear, as a fascinating purpose turned an pressing requirement with the compelled introduction of digital hearings all through the justice system.
Throughout the lockdown, case submission programs had been launched, funds had been made on-line and paperwork uploaded.
Digital Entry Buyer Facilities have been launched for members of the general public with out digital assets or entry.
The guts of the District Courtroom’s evaluation course of in a preliminary inquiry collapsed in what’s now often known as a Sufficiency Listening to, overseen by a Excessive Courtroom grasp.
The Grasp examines witness statements, proof submitted by either side and decides whether or not there are grounds for the case to proceed to the Excessive Courtroom.
If a prima facie case is established, an indictment from the DPP rapidly strikes the case ahead for consideration by a decide. If the grasp dismisses the case, the DPP can attraction the grasp’s choice.
Lastly, the system would require every registered decide to be paired with a court docket grasp, so the recruitment of latest masters continues.
There are presently six appointed masters and 16 judges of the Excessive Legal Courtroom, with not less than three extra chairpersons within the Kids’s Courtroom.
Greater than 20 instances have been heard within the Excessive Courtroom within the new digital system, though instances began below the preliminary investigation system will proceed via the outdated authorized channels till they’re accomplished within the system.
The street from intention to execution was excruciatingly lengthy.
The mission entered the next gear following the 2016 Memorandum of Understanding (MOU) signed by Caricom Chief Justices, the US Nationwide Middle for State Courts and the Supreme Courtroom of Nigeria to collaborate within the design, improvement and implementation of a brand new case . Administration Data System (CMIS).
The brand new software program is predicated on an answer developed in Nigeria that replaces an costly and problematic industrial product within the vertical market.
Asserting the collaboration in February 2016, the Chief Justice stated: “Trinidad and Tobago will not be on the mercy of proprietary software program distributors, definitely not for a CMIS.”
This mission was launched in 2018 below the title TT Judicial Data Administration System.
Between 2020 and 2023, the tempo accelerated additional with the introduction of digital submitting of paperwork, the institution of CourtMail, the introduction of stamps and digital signatures and a brand new case administration system.
However the largest and most important change got here in December with the institution of the Legal Process Guidelines 2023 and Observe Instructions, which set out how this new digital court docket will function.
Subsequent week: an unique interview with the groups that developed AJIPAA’s digital foundations.