New High Court division aims to fast-track firearm cases, cut backlog

The judicial system is set for a historic realignment as the government moved on Tuesday to establish dedicated gun courts to rapidly try firearm offences and tackle a growing backlog of cases amid rising gun violence.

An amendment to the Supreme Court of Judicature Act would authorise the creation of a dedicated Firearms Division within the High Court and significantly increases the judicial complement to ensure rapid adjudication.

Two distinct “gun courts” would be formed to address different pressure points within the criminal justice system. One court will focus exclusively on handling new cases filed since January of this year, whilst the second dual-functioning tribunal will be tasked with clearing the backlog of older firearm offences.

As Minister of Legal Affairs and Criminal Justice, Micheal Lashley, moved the second reading of the bill he said:

“This is a historic amendment from the point of view that we are establishing a firearms division of the High Court, but also we are increasing the number of judges. 

 “This is the first time that we have seen a firearms division of the High Court. As you know, the divisions that exist before, we have [the] civil division, the criminal division sir that deals with all criminal matters. We have a commercial division, a family division and now we have a firearms division.”

A central element of the draft legislation gives the newly formed Firearms Division the authority to compel magistrates to forward gun-related cases directly. Because firearm offences are indictable, magistrates lack the jurisdiction to try these cases and can only commit them upwards.

Government planners anticipate that the new case management regulations will drastically shorten the time an accused individual spends waiting for trial.

The legislative push follows a troubling rise in gun-related violence across the country. Offering a sobering justification for the policy shift, Lashley pointed to recent crime statistics regarding extreme violence:

“Out of the 27 murders that we’ve had for the year, the use of firearms was used in 23 of those murders, and that is also a cause for concern.”

Addressing potential public scepticism regarding whether the state has files prepared to keep the new infrastructure active, the criminal justice minister revealed that an intensive collaboration between an independent legal consultant and police prosecutors has already yielded significant dividends.

By the end of January, 672 files had been submitted to prosecutors, effectively clearing 21 per cent of the case backlog accumulated between 2022 and 2024.

Lashley confirmed that multiple cases from the first four months of the year are already fully prepared for trial, with evidentiary disclosures completed for both the prosecution and the defence. 

“We are not establishing a gun court for it to sit down there and don’t have any production. The cases are ready,” Lashley insisted. “We have all these cases ready to feed the gun court as soon as established, sir, to feed it, because it can’t be a court sitting down idle. It cannot be.”

The administration is banking on swift justice acting as a deterrent to gun crime. Lashley argued that individuals charged with simple possession of firearms or ammunition should not be permitted to walk the streets on bail for years without facing accountability. 

He noted that because firearm possession cases rely almost exclusively on professional police witnesses rather than easily intimidated civilians, trials can realistically be concluded within a three-to-four-month window.

“Speedy trials ensure that dangerous offenders are off the streets,” Lashley said. “Delay is the nail of justice, and so this gun court — I say gun courts but it’s really a division of the High Court but I think we would determine as a gun court — will ensure the sentencing move as fast as possible too.”

To operationalise the new divisions, the government has approved a staffing structure of two High Court justices, two legal assistants, four magistrates, two probation officers, two principal prosecutors, two senior prosecutors, and two secretaries.

In a bid to bolster the technical capabilities of the police service, the administration is also looking to contract additional external ballistic experts to prevent the current laboratory staff from becoming overwhelmed.

Unlike the historic Jamaican Gun Court model established under the Gun Court Act of 1974, which famously removed the option of jury trials, the Barbadian framework preserves constitutional protections or giving defendants the right to opt for a traditional trial by jury or choose a judge-alone trial.

The state also intends to leverage protective mechanisms found within current criminal proceedings legislation to shield vulnerable individuals, including testimony via live video link, private hearings, and prerecorded cross-examinations.

Lashley told the House: “Witnesses in gun crime might not want or might feel intimidated in giving evidence, and that special measures are there in the law to assist them.”

These protections are equally available to the defence if a witness is fearful of testifying publicly, he added. 

He emphasised that whilst public safety remains paramount, the judicial system must balance strict enforcement with rehabilitation, particularly given the youthful demographic of many first-time offenders.

Gun courts – What to know

– The government is introducing a Firearms Division of the High Court with dedicated ‘gun courts’ to fast-track gun-related cases.

– One court will handle new cases from January this year and another will clear the existing backlog.

– Firearm offences will be sent directly from Magistrates’ Court to the High Court, as they are indictable offences.

– Authorities say 672 case files were submitted to prosecutors by the end of January, clearing 21 per cent of the 2022–2024 backlog.

– The government aims to significantly reduce waiting times for trials and keep accused persons from spending years on bail.

– Officials argue firearm cases can be concluded within three to four months due to reliance on police witnesses.

– The move follows rising gun violence, with firearms used in 23 of the country’s 27 murders so far this year.

– Additional ballistic experts are to be contracted to support police forensic work.

– Defendants will retain the right to choose between trial by jury or judge-alone trial.

– Special measures such as video testimony and private hearings will be used to protect vulnerable witnesses.

– The government says the initiative is intended to strengthen deterrence while maintaining fairness and rehabilitation in the justice system.

(RR)