Court backlog being addressed

Tuesday 26 June 2018

Guernsey's courts are implementing a pre-trial review system, which could speed up the process for individuals facing a trial or sentencing.

The new system will enable the prosecution and defence to resolve any particular legal issues that may need to be dealt with before a trial begins and it "is hoped this will further aid the timescales involved within the court process".

Last week one of the island's Magistrates raised his own concerns about the process of compiling charge sheets and formally taking pleas ahead of trials.

As he found a man not guilty of three charges before the court, Judge Graeme McKerrell said "not for the first time the charges were wrongly stated on the court sheets" and he also expressed his disappointment that pleas had not been taken before the man's trial got underway.

Pictured: Judge Graeme McKerrell

While the police and judicial systems are run separately, Guernsey Police prepare the court sheets which list the charges individuals face when they first appear before the island's Magistrate Court.

Guernsey Police said "unlike the UK, where the Clerks of the Courts produce the daily court sheets, in Guernsey the sheets are produced by the Criminal Justice Unit at the Guernsey Police Station."

The force admitted that "there have unfortunately been a few examples where some details have been missed from the court sheets," which the statement released to Express said was down to time.

"Time constraints involved in providing listings, particularly at late notice to the early morning courts, have been factors and we are taking steps to further improve the checks which are made prior to the sheets being issued to the court."

Pictured: Guernsey's Royal Court building

Guernsey Police also said there was a backlog of trials which is due to more people pleading not guilty when they appear before the courts. The statement said Guernsey's court system still deals with cases more quickly than in the UK by comparison.

"Regarding the backlog of trials, the primary reason for this is a marked increase in the number of not guilty pleas. Two years ago there were on average five trial files pending at any one time, however this has increased to an average of about 40 now. 

"While the Criminal Justice Unit clearly cannot influence the number of defendants entering not guilty pleas, it remains committed to progressing cases through the court system as efficiently as possible and has appointed a full time member of staff to co-ordinate the trial setting progress.  This involves liaising with all the parties concerned, including the defendant, witnesses, defence and prosecution advocates, and determining judge availability.  While it can be logistically challenging to secure a date which suits everyone involved, lead times within the Guernsey court system are generally much shorter than those seen in the UK."

In a bid to combat the issues raised by Judge McKerrell and the building backlog of cases, Guernsey Police said the new pre-trial review system is under consideration.

"The court is also implementing a pre-trial review system, which will enable the prosecution and defence to resolve any particular legal issues that may need to be dealt with before the trial begins.  It is hoped this will further aid the timescales involved within the court process."