Prosecutors push plea deals, defence calls for prepared cases

Deputy Director of Public Prosecutions Janek Forbes has endorsed calls for greater use of plea negotiations to help reduce the Home Circuit Court’s staggering criminal caseload.

But Jamaica Advocates Association President Tamika Harris says the strategy cannot work effectively unless prosecutors first ensure that cases are properly prepared.

Forbes, speaking at the opening of the Michaelmas Term of the Home Circuit Court, agreed that the prosecution cannot possibly take the nearly 1,000 matters on the term’s list to trial.

He said the size of the caseload requires the Office of the Director of Public Prosecutions (ODPP) to make greater use of criminal case-management strategies, including plea negotiations.

“We cannot expect to try all 944 matters, and indeed, not all need to be tried,” Forbes said.

His position echoes recent comments by Chief Justice Bryan Sykes and Justice Minister Delroy Chuck that the criminal justice system cannot rely solely on trials to dispose of the large number of cases.

Forbes said prosecutors must examine case files and, where appropriate, determine whether there are viable prosecutions.

He also urged members of the private Bar to engage the ODPP under the Plea Negotiations and Agreements Act, which came into force in 2017.

But Harris, who was representing the Jamaican Bar Association, said the defence Bar’s ability to engage meaningfully in case management and plea negotiations was being undermined by delays in investigations and disclosure.

“My difficulty is that counsel cannot effectively engage in case management until the cases are prepared,” Harris said.

She explained that preparation means investigations must be complete and the prosecution must have disclosed the evidence on which it intends to rely.

Harris said attorneys were sometimes left waiting for years for police statements, reports from third parties, and other evidence.

According to Harris, the delays make it difficult for defence attorneys to advise accused persons about the strength of the prosecution’s case or whether accepting a plea arrangement would be in their best interest.

Added to that, she says lawyers have to contend with the other persons in jail who are influencing their clients not to participate in the plea deal.

At the same time, Harris said the defence Bar had no difficulty using the plea negotiation legislation, “but we cannot unless the system of delay is dealt with”.

According to her, one key solution was to ensure that investigations were completed before persons were arrested and charged, where possible.

Figures prepared by the ODPP show that 944 matters are listed for the Michaelmas Term.

Of that number, 674 have traversed from the Easter Term, while 145 were carried over from the Hillary Term.

Another 47 cases have been outstanding for a year, nine for two years, and three for three years.

The list includes 415 murder cases and 326 sexual offence matters. Together, those two categories account for approximately 78 per cent of the term’s caseload.

There are also 63 new committal cases and 15 sentencing matters from the previous term.

tanesha.mundle@gleanerjm.com