Lawyers acknowledge improvements but push for further reforms

s 2025 approaches, several attorneys have praised the increasing pace at which matters were heard in the island’s courts this year, but also pointed to areas that still need improvement for a more efficient legal system.

 

Attorney Shadia Simpson acknowledged several positive developments in 2024, including the judiciary’s efforts to expedite case resolutions and discussions on proposed reforms in the criminal justice system.

 

“We had a lot of draft legislation that was being discussed, and there was dialogue between the Bar and the legislators. For example, the Criminal Procedure Rules, the Witness Anonymity Bill, the Plea Negotiations Bill, the Juries Bill — there are a lot of proposed reforms to the criminal justice system. So I’m hopeful to see what happens in 2025,” she said.

 

However, she raised concerns about the length of time it took for those who desired to plead guilty to be given a chance to do so.

 

“That remains, to me, a big issue, because if a man wants to plead guilty and there’s no dispute about facts, for example, or any of those things, I don’t see a reason why he cannot be fast-tracked through the system,” Simpson said. “Two and three years should not pass where a person has indicated from a Magistrates’ Court that they want to plead guilty and you cannot get them to the High Court with indictable matters to be allowed to plead guilty.”

 

Attorney Sian Lange commented on the lack of standardisation in sentencing at the Magistrates’ Courts, suggesting the need for a more consistent approach.

 

“I think if we do so, we will see a trickle effect because then we will have [fewer] appeals for Magistrates Courts’ decisions coming from the Appeal Court,” she pointed out.

 

Lange also welcomed the increasing number of cases being tried but expressed a desire to see more young attorneys involved in criminal law.

 

“We need more advocates in this area and more people that are willing to get involved,” she said, while lauding the Barbados Bar Association’s efforts in hosting workshops to address concerns at the criminal Bar.

 

Touching on that training, attorney Simon Clarke said that he wanted to see more seminars on the legal calendar, saying they were a significant benefit to young lawyers.

 

“One of the highlights was the Criminal Law Seminar 2024, organised by the Criminal Law Committee and the Legal Education Committee of the Barbados Bar Association. Another highlight was the Civil Seminar: Aspects of Civil Procedure Practice. I am of the view that such seminars contribute to the knowledge pool of young attorneys and are germane to the development of their strategising skills and advocacy,” Clarke said. “I also hold the view that they should be pencilled in as a staple in the judicial calendar, and if financially possible, increase their number.”

 

Clarke also pointed out the need for reforms in the judicial administrative system, particularly the magistracy. He proposed measures to improve the efficiency of magistrates’ courts, such as introducing Computer Aided Transcription (CAT) reporters to reduce the burden of manual note-taking, increasing trained judicial staff, and enhancing the support from agencies like the Probation and Immigration Departments.

 

Expressing similar sentiments, attorney-at-law Harry Husbands, stressed the need for more resources for court support staff.

 

“Overall, there needs to be additional resources for the support staff of the courts. The clerks, legal assistants and CAT reporters seemingly have to work across multiple courts and are stretched to their limit.  With additional support staff, I anticipate an ever-better-functioning justice system. I also wish for a better-resourced police service so that files may be produced more speedily to allow for fair hearings in a reasonable time,” he added.

 

Recalling the discussions held earlier this year about the criminal procedure rules, Husbands said he anticipated a more productive 2025 after these were implemented.

 

Defence lawyer Kristin Vanderpool said there was a clear need for more recording technology within the magistrates’ courts, stressing the need for modern solutions.

 

“It still bothers me that the magistrates’ courts still do not have the necessary technology to record matters heard before the courts, because when these matters have to be appealed or go elsewhere, then we have to rely on notes, and to me, that’s not really safeguarding the magistrate or the accused well enough,” he said. “So I think that when we have those sorts of matters before the court, we should have some sort of recording technology that when it gets to the High Court or the Court of Appeal, we know exactly what has taken place in the magistrates’ courts.”

 

King’s Counsel Michael Lashley agreed, stating, that “days have long passed that a magistrate should still have to be writing notes of evidence from a case”.

 

He advocated for the use of technology to streamline court processes, suggesting that adjournments at the magistrates’ court level should be conducted via Zoom, along with Saturday sittings.

 

Lashley also called for amendments to the Legal Aid Act to provide legal representation to unrepresented accused persons at police stations before they are interviewed by officers.

 

“I would also like to see the introduction of a victim compensation fund for victims of serious crimes, like rape, because the offender or offenders are usually people of straw,” the senior lawyer said.

 

He also proposed the establishment of a reform institution for first-time offenders.