Commercial court among moves to improve justice for all
A raft of measures to improve justice for all was unveiled by Government yesterday, including establishing a commercial court.
The Justice System Review Report, carried out by a committee of some of Bermuda?s top legal minds, reflected the epic battle between Governor Sir John Vereker and the Premier Alex Scott over the appointment of the Chief Justice last year.
London?s choice of English judge Richard Ground prevailed over Government?s choice of naturalised Bermudian Norma Wade-Miller.
The committee has recommended all full-time judges will have to be Bermudians or spouses of Bermudians appointed for an unlimited time.
The minimum qualifications for judges will be doubled to ten years and terms of service will be brought into line with similar jurisdictions.
Reading a statement on behalf of the Attorney General, who sits in the Senate, Telecommunications Minister Michael Scott said Bermuda?s justice system had been criticised from inside and outside the legal fraternity and it was time to change.
Headed by Puisne Judge Norma Wade-Miller the committee worked for free for two months in spring in what normally would have cost Government $400,000 based on counsel?s average billing rate. It aimed to establish priorities, eliminate criminal case backlog, improve efficiency through computerisation of records and improve training.
Legislation to ensure the fullest use of transcription services is envisaged.
The Chief Justice will be tasked with setting up a Commercial Division of the Supreme Court similar to Jamaica?s.
Mr. Ground will also be asked to establish a set time for judges and magistrates to deliver civil judgments.
Powers of the Magistrates? court will be beefed up, enabling them to try cases currently only able to be held in Supreme Court.
Sentencing powers will be increased.
In civil cases maximum fines in the lower court will be increased from $10,000 to $25,000.
Fine payment will be made easier. Magistrates? courts will soon be open lunchtimes and an ATM installed.
Eventually legislation will enable fixed fines in traffic cases to be paid and obligatory disqualifications imposed without the need for a court appearance.
Vulnerable witnesses, particular those in child abuse cases, will be given better protection.
Courts will be given power to grant legal aid on an emergency basis and be able to order family counselling in matters relating to the welfare of children.
Persons convicted of domestic violence offences will be offered programmes run by the Physical Abuse Centre.
There were many suggestions about reducing the court backlog.
Directions aimed at preventing last-minute de-listing of cases will be published.
The Crown and Defence bar will work together to increase the number of cases disposed of by plea instead of trial while the Director of Public Prosecutions will be asked to implement a Code of Practice relating to disclosure.
The legal aid committee will draw up a list of lawyers able to undertake criminal legal aid work to reduce the backlog.
Long-form committal proceedings in Magistrates? court which go over evidence about whether a case should go to trial might be abolished under the new guidelines. Court electronic library resources and security will be boosted.
The law under which people are arrested for civil debt will also be reviewed.
All stakeholders will be consulted about enacting the changes and a committee comprising Court Services, the Department of Corrections, the Director of Public Prosecutions Office, Defence Counsel and the Police will formulate and implement policy.
Mr. Scott said Government would set out its position on the key recommendations and how they would be implemented in the next session of the House.
He said: ?The examination, acceptance and implementation of the recommendations of this Justice System Review Report will deliver a quality justice system for all.?
