New CJ outlines plans to modernise judiciary

Chief Justice Leslie Haynes KC has pledged to continue modernising the court system, announcing his intention to examine the administrative needs of the Court of Appeal, High Court and magistracy in the coming weeks.

“We, the judiciary, will be conducting the much-required administrative review. We have already agreed to really look at the Court of Appeal, review the administrative needs of the Court of Appeal and the magistracy,” he said.

Noting that the Magistrates’ Courts account for a high percentage of the judicial work, he said major issues must be addressed within that area.

“We intend to ensure that the magistracy functions efficiently, not only dealing with matters in court but in enforcing fines and orders so that when sentences are given, these are enforced. If there is no enforcement, there is no law,” he added.

The nation’s sixth chief justice since independence declared his intentions as he addressed a gathering of high court judges, magistrates, and attorneys during a special session to mark his ascension to office.

He also disclosed that later this year, the judiciary will give a report to the public and the Bar on its progress.

Announcing that changes will be made to the judicial council, the former chairman of the Electoral and Boundaries Commission and National Insurance and Social Security also pledged to work on getting resources to replace “the obsolete technology” within the High Courts and for other areas in need of modernisation.

Moments earlier, acting Attorney General Wilfred Abrahams SC said it was necessary to reconstruct the judicial system.

“We need to reimagine what we want our justice system to look like in the next five, ten, 15 years. This is the perfect opportunity for us to acknowledge the problems that we have, address them and look for ways to make them better,” he said.

In her speech welcoming Chief Justice Haynes, President of the Bar Association Kaye Williams spoke on the evolving nature of law and the need for a cultural shift in Barbados.

She said the association was working with its members to review the proposed changes to the Legal Profession Act and pointed out that the rules governing civil procedure need to be reviewed. She noted that, except for a few practice directions, these have not undergone any major reviews since their implementation in 2008.

“By way of comparison, over the past decade, complete reforms have been implemented in the region, in particular the Eastern Caribbean. Our apex court, the Caribbean Court of Justice, has undergone significant reviews of their existing rules. In the Bahamas in particular, there have been sweeping changes, which came into force last year, March 2023. How do we define the transformation needed?

“The time is ripe for a full review of the Civil Procedure Rules and the Barbados Bar Association stands ready to work together to achieve the same. The time is ripe to establish a firm policy of periodic review of the rules of court. The time is also ripe for bold and innovative reforms that will address backlogs and delays; that will streamline and modernise our legal processes, improve access to justice, and ensure that our legal system remains fair, efficient, and transparent.”
(JB)