Mandatory minimum sentences could reverse reduction in case backlog - Sykes

 

Chief Justice Bryan Sykes says the move by the government to increase the mandatory minimum sentences may reverse gains made by the judiciary to reduce the backlog of cases.

 

Justice Minister Delroy Chuck has brought two bills to Parliament to increase the mandatory minimum sentence for murder. Under the proposed amendment, people who plead guilty to murder will have to serve a minimum of 30 years before becoming eligible for parole.

 

Additionally, the Firearm Licensing Act 2022 includes a mandatory minimum sentence of 15 years for anyone who has been found guilty of having an illegal firearm.   

 

Some defence attorneys and the parliamentary opposition have argued that the mandatory minimum sentence will not serve as a deterrent to criminals.

 

Speaking at a forum with members of the media Friday morning, the Chief Justice said criminal elements are more likely to take their chances with the judicial system as opposed to entering a guilty plea, since there is a mandatory minimum sentence. 

 

Justice Sykes said the reversal of gains in terms of the clearance rate for cases will be felt especially in rural circuits. 

 

"They sit for nine weeks of the year or 12 weeks for the year. So what are other things that can happen in the meantime? Witnesses, unfortunately, may pass on, witnesses may migrate, all of those things that count in my favour and if I'm a 21-year-old. So it suits me to go to trial because the longer it takes, the chances of things going wrong increase as well," he argued. 

 

 

There are several criminal courts that have been classified as backlog-free following measures to reduce the number of cases that have been languishing in the system.

 

Court Statistician Dr. Denarto Dennis said while no system will ever be completely backlog-free, it is important to continuously work towards that ideal.

 

Dr. Dennis said the courts with the backlog-free designation have only a handful of outstanding cases in the system for more than two years. 

 

The Hanover, St. Mary and St. Elizabeth parish courts as well as the Gun Court have met the designation. 

 

According to Dr. Dennis, the high case clearance rate, especially in the Gun Court, is "a shining example of what deep and persistent structural reforms and leadership can produce". 

 

"The High Court division of the Gun Court, which was once a heavily backlogged entity, once with very modest clearance rates, now enjoys consistently one of the highest clearance rates [at] consistently over 100 per cent," he touted.