An overview of pre- trial justice in Malawi
|
|
- Bernard Walters
- 8 years ago
- Views:
Transcription
1 An overview of pre- trial justice in Malawi By Justice Andrew Nyirenda SC, Judge of the Supreme Court of Appeal INTRODUCTION The criminal justice system in Malawi has a long history. Most of you may agree with me that there is no perfect criminal justice system worldwide. Our criminal justice system in Malawi is no exception. Although the remand population in our prisons has been significantly reduced, many challenges remain not only in regard to pre-trial detention but also regarding the overall effectiveness of the system. The 1994 Constitution established a new legal order requiring that every citizen should fully enjoy their God given freedoms and rights. The ideals set forth therein apply to the strongest as well as the weakest, the haves and the have nots. Nelson Mandela, whose 93 rd birthday was universally celebrated a few days ago said and I quote: "It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones." Thankfully our Constitution has a comprehensive bill of rights which covers the rights of those found on the wrong side of the law. However a lot needs to be done in order to realize the standards set down in the Constitution. The report to be launched at this meeting highlights the achievements made; the challenges faced and proposes the way forward. 1
2 Several laws regarding the criminal justice system have been enacted in the last two years. These include the amendment to the Penal Code which now includes several new offences. The Criminal Procedure and Evidence Code was comprehensively amended in It is by far the most comprehensive reform to the conduct of criminal proceedings since The amendments include the procedure during arrest of suspects and introduction of pretrial custody time limits. The Child Care, Justice and Protection Act, now provides comprehensive legal regime dealing with child offenders. The amended Police Act creates the Independent Police Complaints Commission as well as the Lay Visitors Scheme to ensure that persons held in police custody are treated with dignity. The Local Courts Act seeks to establish local courts to try minor criminal offences and thereby reduce the pressure experienced by magistrate courts and the High Court. The Legal Aid Act creates the Legal Aid Bureau which has been delinked from the Ministry of Justice as an autonomous Government body with more extensive scope of provision of legal aid. Despite these achievements some challenges still remain. These include lack of access to legal aid, poor record keeping, inadequate human and material resources, etc. What is true though is that we cannot rely on lack of these factors as an excuse to violate rights of those who are in prisons or other places of detention. For purposes of this address I have opted to highlight the issue of legal aid and how it relates to access to justice and ultimately pre-trial detention. 2
3 The rule of law is central to the democratic process of government by which people choose to be governed. In the words of the former Secretary General of the United Nations, Mr. Kofi Annan, the rule of law is not a luxury and justice is not a side issue. The rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency. 1 A balance needs to be struck between order, security and safety on the one hand, and equality, accountability, fairness and the avoidance of arbitrariness on the other. No one claims this is easy or simple. I contend, however, that the provision of legal aid plays a significant role in providing some of the checks and balances of abuse of power and authority and protecting the rights of the accused that would bring us closer to the UN s definition of justice as an ideal of accountability and fairness in the protection and vindication of rights and the prevention and punishment of wrongs. Most places of custody in Malawi hold a significant proportion of people who pose no threat to anyone. Unfortunately, both in police cells and prisons, conditions of detention 1 Report of the Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies S/2004/616) 3
4 are poor and fall short of what is generally accepted as humane detention. Prisoners are there because they are poor and illiterate and unable to access the justice system, rather than serious offenders from whom society needs to be protected. The other problem is that governments and the legal establishment have viewed legal aid restrictively, as a service provided by lawyers. Such a view has, unfortunately, affected the way legal aid has been provided in Malawi compounding the problem of pre-trial detention. Realising this, in 2004 we invited leading practitioners from all over the continent to discuss what sort of legal services our people were in need of. The conference resulted in the Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa (2004) 2 which broadened legal aid to include a range of primary justice services such as: legal advice, assistance, representation, education and mechanisms for alternative dispute resolution; and to expand the range of legal aid providers beyond lawyers to include: non-governmental organisations, community-based organisations, religious and non-religious charitable organisations, professional bodies and associations, and academic institutions. A Plan of Action was also drawn to help governments and practitioners with the implementation of the Declaration. We felt pretty pleased with ourselves for such an achievement especially when the African Commission on Human Peoples Rights and then Economic and Social Council adopted the Declaration. 2 Adopted by the ACHPR and UN Economic and Soclal Council (2007/24) 4
5 Last year, with support from the United Nations Democracy Fund and in association with United Nations Office on Drugs and Crimes, Paralegal Advisory Service Institute conducted a survey of legal aid in Africa. The findings are remarkable. For instance, of the constitutions reviewed in all the countries on the continent only three provide an unequivocal right to legal aid at public expense; they are Egypt, Ethiopia and Mozambique. The others were rather vague. Thirteen provide a right to legal aid but fail to mention on whom the burden falls to provide it. Twenty mention a right to a defence but are silent as to whether the right extends to the provision of legal aid. Legal aid remains lawyer-centred even though the survey showed us that lawyers are remarkably few in number in most countries in Africa (save for perhaps Botswana, Egypt, Ghana, Kenya, Nigeria and South Africa); and even there they that they are found in the national and regional capitals, while most people continue to live in rural areas (notwithstanding increased movements of people towards the towns and cities). Because they are small in number, not surprisingly they are beyond the means of most people. In the eyes of many ordinary citizens, providing funding for the defense of "criminals" is a waste of scarce public resources. 3 Consequently very little resources are allocated for provision of legal aid services. Certainly, not sufficient to attract the services of most lawyers. 3 Access to Justice in Africa and Beyond. NITA Johann Kriegler p26 5
6 Let me be clear: I am not being dismissive of the role of lawyers. Lawyers are highly trained specialists needed for matters which are serious and/or complex. Most of the matters for which people need legal advice and assistance are neither serious nor complex. Our courts and prisons are congested with matters and people who could be dealt with in other ways. These people are simply in need of primary justice services and an array of front-line services which can be supplied by trained legal service providers, who need not be lawyers (they may be law students or paralegals). These providers can deal with most of the cases and refer only the serious and complex to the lawyer. This will have two immediate benefits: first, it will provide prompt and affordable services to poor people; and second, it will release time and resources for the justice system to pay for, manage and process the serious and complex cases fairly and efficiently. The national laws and regional frameworks respect a right to legal aid, the reality is that access to legal aid is not available at all stages of the criminal justice process and that as a matter of fact it is particularly rare at police stations; and only sometimes available in prisons and in the lower courts. In the absence of a mechanism to push cases through the criminal justice system, the justice process is delayed, causing case backlogs to grow, remand populations in prison to swell and prisons to become overcrowded. 4 Thus far, the legal aid situation in Malawi stands as follows: 4 The causes of prison overcrowding are complex and well captured in a diagnostic of the causes of prison overcrowding by Federica Dell Amico for Penal Reform International see: overcrowding- poster- en- fr_1.pdf 6
7 coverage by the state legal aid system is incomplete at best; access to legal aid at all stages of the criminal justice system is generally unavailable; budgetary allocation for legal aid is minimal; persons accused of crime cannot expect legal advice at all times in mounting a defence or informing a plea to a serious charge; or representation in cases attracting a prison sentence; lawyers are few in number and generally unavailable in rural areas; paralegals, or trained non-lawyers, are not provided in most districts in a systematic manner; community legal services are not available in every district or accessible by every person in need of such services; information on legal aid is not available to the general population; there is lack of over-arching legal aid strategy to maximise the use of the resources available. The African Commission on Human and Peoples Rights Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa emphasis the right to a lawyer at all stages (N.2.c) of the criminal justice process including when first detained or 7
8 charged. (N.2.d). The Lilongwe Declaration however goes further and proposes a range of legal services in the community, at police, court and in prisons. In the absence of effective legal aid provision, the societal benefits described in the Lilongwe Declaration such as: elimination of unnecessary detention, speedy processing of cases, fair and impartial trials, and the reduction of prison populations 5 can hardly be achieved. 5 Lilongwe 2 8
The Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa
The Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa Conference on Legal Aid in Criminal Justice: the Role of Lawyers, Non-Lawyers and other Service Providers in Africa
More informationWorking on child friendly justice in Tanzania Professor Carolyn Hamilton 1
European responses to global children s rights issues: exchanging knowledge and building capacity European Progress in Achieving Child Friendly Justice 4 February 2014, Brussels Introduction Working on
More informationDraft United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
Draft United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems V.11-85805 (E) Contents I. Introduction... 1 II. United Nations Principles on Access to Legal Aid in Criminal
More informationALBERTA S JUSTICE SYSTEM AND YOU
ALBERTA S JUSTICE SYSTEM AND YOU This brochure will give you the facts about your justice system the major participants and the important roles that each plays. In addition, it will help you better understand
More informationLegislative Brief The Code of Criminal Procedure (Amendment) Bill, 2006
Legislative Brief The Code of Criminal Procedure (Amendment) Bill, 2006 The Bill was introduced in the Rajya Sabha on August 23, 2006. The Bill has been referred to the Parliamentary Standing Committee
More informationAn Introduction to the Federal Public Defender=s Office and the Federal Court System
Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street
More informationTHE INTEGRATED JUSTICE SYSTEM PROJECT
CHAPTER 2 THE INTEGRATED JUSTICE SYSTEM PROJECT IJS objectives, benefits and aims In terms of a November 1998 report by the Integrated Justice System User Board, the main objective of the Integrated Justice
More informationGuidelines for Action on Children in the Criminal Justice System. Recommended by Economic and Social Council resolution 1997/30 of 21 July 1997 1/
Guidelines for Action on Children in the Criminal Justice System Recommended by Economic and Social Council resolution 1997/30 of 21 July 1997 1/ 1. Pursuant to Economic and Social Council resolution 1996/13
More informationJudicial Independence (And What Everyone Should Know About It) 15 March 2012
Court of Appeal of British Columbia Supreme Court of British Columbia Provincial Court of British Columbia Introduction Judicial Independence (And What Everyone Should Know About It) 15 March 2012 The
More informationDiversion Programs for Drug Addicts, Restorative Justice and New Community- Based Treatment Measures in Thailand
Diversion Programs for Drug Addicts, Restorative Justice and New Community- Based Treatment Measures in Thailand By Dr. Kittipong Kittayarak Introduction: A New Era for Community-Based Treatment of Offenders
More informationMaking Justice Work. Part 1 Improving Access and Outcomes. The Legal Services Society BC s Legal Aid Provider
Making Justice Work Part 1 Improving Access and Outcomes The Legal Services Society BC s Legal Aid Provider Advice to the Attorney General In February 2012, the Attorney General announced a justice reform
More informationThe Legal System in the United States
The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed
More informationAssess the purpose of the Criminal Justice System and the role of the Ministry of Justice.
Assess the purpose of the Criminal Justice System and the role of the Ministry of Justice. Introduction Justice is a concept, a concept of moral rightness based on ethics, rationality, law or religion
More informationQueensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003
Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Act No. 40 of 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 Short title....................................................
More informationLegal Studies. Total marks 100
2014 HIGHER SCHOOL CERTIFICATE EXAMINATION Legal Studies Total marks 100 Section I Pages 2 6 20 marks Attempt Questions 1 20 Allow about 30 minutes for this section General Instructions Reading time 5
More informationPurpose of the Victim/Witness Unit
Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure
More informationCRIMINAL LAW & YOUR RIGHTS MARCH 2008
CRIMINAL LAW & YOUR RIGHTS MARCH 2008 1 What are your rights? As a human being and as a citizen you automatically have certain rights. These rights are not a gift from anyone, including the state. In fact,
More informationDefendants charged with serious violent and sexual offences (including murder)
Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that
More informationPreliminary Analysis of the Legislation Requirements of the Criminal Justice Administration Policy September 2009
Preliminary Analysis of the Legislation Requirements of the Criminal Justice Administration Policy September 2009 Federal Democratic Republic of Ethiopia Introduction The full implementation of the new
More informationINFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED
INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.
More informationGuidelines on justice for child victims and witnesses of crime
2004/27 Guidelines on justice for child victims and witnesses of crime The Economic and Social Council, Recalling General Assembly resolution 40/34 of 29 November 1985, by which the Assembly adopted the
More informationA Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement
More informationFrom: Head of Prison Administration Department, Legislation and International Relations Research Office, Ministry of Justice
Translation of letter Undated From: Head of Prison Administration Department, Legislation and International Relations Research Office, Ministry of Justice To: DG JUST B.1 Ref: US-INT--2-4/4 Subject: Strengthening
More informationVictims of Crime. information leaflet. Working together for a safer Scotland
Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support
More informationFacts for. Federal Criminal Defendants
Facts for Federal Criminal Defendants FACTS FOR FEDERAL CRIMINAL DEFENDANTS I. INTRODUCTION The following is a short summary of what will happen to you if you are charged in a federal criminal case. This
More informationBASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer
BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html
More informationHOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA
HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by
More informationwww.penalreform.org Paralegals in Rwanda A Case Study by Penal Reform International January 2012
www.penalreform.org Paralegals in Rwanda A Case Study by Penal Reform International January 2012 1 About this publication Paralegals are becoming an increasingly important part of the criminal justice
More informationCJ-310 ADMINISTRATION OF JUSTICE
INTRODUCTION ADMINISTRATION OF JUSTICE Welcome to,. This course is designed to provide a range of information about the criminal justice system and to teach criminal justice students fundamental concepts
More informationMaking a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you
Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement
More informationPARTICIPANTS PAPERS THE MALDIVES CRIMINAL JUSTICE SYSTEM AN ALTERNATIVE METHOD FOR PUNISHMENT. Haleem Mohamed*
PARTICIPANTS PAPERS THE MALDIVES CRIMINAL JUSTICE SYSTEM AN ALTERNATIVE METHOD FOR PUNISHMENT Haleem Mohamed* I. INTRODUCTION The Maldives legal system is based on the principles of shariah and other legislation,
More informationCover image: istockphoto.com/vikasuh
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems UNITED NATIONS Cover image: istockphoto.com/vikasuh United Nations Office on Drugs and Crime Vienna United Nations
More information7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ
7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to
More informationMaricopa County Attorney s Office Adult Criminal Case Process
The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors
More informationARREST! What Happens Now?
Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police
More informationBRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY
BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather
More informationCriminal Justice (Scotland) Bill [AS INTRODUCED]
Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following
More informationJustice Delayed in Malawi s Criminal Justice System Paralegals vs. Lawyers
Justice Delayed in Malawi s Criminal Justice System Paralegals vs. Lawyers Hillery Anderson 1 University of Wales, Bangor North Wales, UK Abstract This article is aimed to show, in spite of the equality
More informationChapter 1 OVERVIEW OF CORRECTIONS
Chapter 1 OVERVIEW OF CORRECTIONS AND CRIMINAL JUSTICE Criminal Justice as Social/Governmental Institution Social Institutions established groupings people beliefs practices three main characteristics
More informationCriminal Law. We re on your side. Petherbridge Bassra. Your Local Solicitors
Criminal Law We re on your side is a Bradford firm helping clients with cases close to home, nationally and internationally. These pages will tell you what we do and how we do it and naturally we will
More informationQueensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000
Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................
More informationCriminal Law Practice Division 2014-15
Criminal Law Practice Division 2014-15 The in-house counsel section comprises the six most experienced trial and appeal lawyers in the Division. Each practitioner conducts 084 The Criminal Law Practice
More informationCriminal Justice System Commonly Used Terms & Definitions
Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:
More informationTHE SCOTTISH LEGAL AID BOARD SUMMARY CRIMINAL LEGAL ASSISTANCE REFORM SUMMARY OF COSTINGS IMPACT OF CONSULTATION PROPOSALS
THE SCOTTISH LEGAL AID BOARD SUMMARY CRIMINAL LEGAL ASSISTANCE REFORM SUMMARY OF COSTINGS IMPACT OF CONSULTATION PROPOSALS This paper provides information on costings carried out by the Board on the potential
More informationWhat is the "Code Of Service Discipline"?
This booklet has been designed to provide general information on disciplinary proceedings under the Code of Service Discipline, focusing on the rights and entitlements of CF members under the Canadian
More informationIntroduction. 1 P age
Introduction The New York City criminal justice system is made up of many different agencies and organizations. These include the independent judiciary, the five elected District Attorneys and the Special
More informationGlossary. To seize a person under authority of the law. Police officers can make arrests
Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers
More informationThe Witness Charter. Standards of care for witnesses in the Criminal Justice System
The Witness Charter Standards of care for witnesses in the Criminal Justice System 1 THE WITNESS CHARTER About this charter The Witness Charter has been developed to tell you how, as a witness, you can
More informationGuide to Criminal procedure
Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding
More informationThe Criminal Procedure Rules October 2015 PART 9 ALLOCATION AND SENDING FOR TRIAL
Contents of this Part PART 9 ALLOCATION AND SENDING FOR TRIAL General rules When this Part applies rule 9.1 Exercise of magistrates court s powers rule 9.2 Matters to be specified on sending for trial
More informationMENTAL HEALTH POLICY, CRIMINAL JUSTICE AND HUMAN RIGHTS: GAPS IN THEORY AND PRACTICE
ISS 5 th International Conference: National and international perspectives on crime reduction and criminal justice Marozane Spamers MENTAL HEALTH POLICY, CRIMINAL JUSTICE AND HUMAN RIGHTS: GAPS IN THEORY
More informationC RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS
T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared
More informationHOW DOES A CRIMINAL CASE GET DISMISSED WITHOUT A TRIAL? Many criminal cases are resolved without a trial. Some with straight forward dismissals.
HOW DOES A CRIMINAL CASE GET DISMISSED WITHOUT A TRIAL? Many criminal cases are resolved without a trial. Some with straight forward dismissals. In some cases the prosecution can be misinformed by the
More informationTESTIMONY ROBERT M. A. JOHNSON ANOKA COUNTY ATTORNEY ANOKA, MINNESOTA JUNE 4, 2009 INDIGENT REPRESENTATION: A GROWING NATIONAL CRISIS
TESTIMONY OF ROBERT M. A. JOHNSON ANOKA COUNTY ATTORNEY ANOKA, MINNESOTA JUNE 4, 2009 ON INDIGENT REPRESENTATION: A GROWING NATIONAL CRISIS TESTIMONY OF ROBERT M.A. JOHNSON FOR THE HOUSE JUDICIARY SUBCOMMITTEE
More informationDIVORCE LAW REFORM A SUMMARY OF THE LAW REFORM AND DEVELOPMENT COMMISSION PROPOSALS. Legal Assistance Centre 2005
DIVORCE LAW REFORM A SUMMARY OF THE LAW REFORM AND DEVELOPMENT COMMISSION PROPOSALS Legal Assistance Centre 2005 This is a summary of a bill proposed by the Law Reform and Development Commission (LRDC).
More informationLegislating for Violence against Children. With a focus on the juvenile justice system
Legislating for Violence against Children With a focus on the juvenile justice system Juvenile Justice is multi sectoral One of the challenges to juvenile justice is that it is multi-sectoral This means
More informationCRIMINAL JUSTICE REFORM: Addressing Deficiencies in Idaho s Public Defense System
CRIMINAL JUSTICE REFORM: Addressing Deficiencies in Idaho s Public Defense System By delegating to each county the responsibility to provide counsel at the trial level without any state funding or oversight,
More informationHow to increase performance in courts:
JUSTICE FOR ALL NIGERIA HOW TO GUIDE How to increase performance in courts: Introduce a case management system and reduce trial delays The Problem Trial delays are a major challenge to the administration
More informationIt s time to shift gears on criminal justice VOTER
It s time to shift gears on criminal justice VOTER TOOLKIT 2014 Who are the most powerful elected officials most voters have never voted for? ANSWER: Your District Attorney & Sheriff THE POWER OF THE DISTRICT
More informationUNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson
UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed
More informationWhat you don t know can hurt you.
What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a
More informationLegal Representation of Children (Youth Criminal Justice Act Y.C.J.A.)
Legal Representation of Children (Youth Criminal Justice Act Y.C.J.A.) Dominique Trahan, lawyer Presentation at the Conference Making Children s Rights Work: National and International Perspectives Montreal,
More informationCOMMISSION RECOMMENDATION. of XXX. on the right to legal aid for suspects or accused persons in criminal proceedings
EUROPEAN COMMISSION Brussels, XXX C(2013) 8179/2 COMMISSION RECOMMENDATION of XXX on the right to legal aid for suspects or accused persons in criminal proceedings EN EN COMMISSION RECOMMENDATION of XXX
More informationPART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT
Contents of this Part PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT When this Part applies rule 37.1 General rules rule 37.2 Procedure on plea of not guilty rule 37.3 Evidence of a witness in person
More informationBail and Remand The Scottish Executive Action Plan
Bail and Remand The Scottish Executive Action Plan The Scottish Executive Action Plan Crown copyright 2005 ISBN: 0-7559-4852-1 Scottish Executive St Andrew's House Edinburgh EH1 3DG Produced for the Scottish
More informationWHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS?
WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? This factsheet relates to those who are 18 or over. If you are 17 or under, please see our separate factsheet for the Youth Court. Where will
More informationTORONTO BAIL PROGRAM
TORONTO BAIL PROGRAM Cameron Brown The Toronto Bail Program is a private, non-profit, charitable organization which provides Bail Verification and Supervision services under contract to the Ministry of
More informationGUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue
GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue shoplifting Guidance for police in England and Wales First publication: June 2014 1 Introduction 1.
More informationReforming criminal laws in any state is a time-consuming, intensive, and laborious
23 Chapter 4 Guiding Principles for the Criminal Law Reform Process Reforming criminal laws in any state is a time-consuming, intensive, and laborious process, requiring institutions and individuals with
More informationUNIT 22: Care and rehabilitation of offenders (LEVEL 3)
UNIT 22: Care and rehabilitation of offenders (LEVEL 3) Learning outcomes By completing this unit the candidate will develop their knowledge and understanding of role of a wide range of organisations in
More informationLaw Without Lawyers. Improving Access to Justice in Liberia and Sierra Leone. In brief. Ideas for growth www.theigc.org.
Policy brief 3030 March 2012 Justin Sandefur, Bilal Siddiqi and Alaina Varvaloucas Law Without Lawyers Improving Access to Justice in Liberia and Sierra Leone In brief In post-conflict countries, navigating
More informationDESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS
DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal
More informationThe Juvenile and Domestic Relations District Court
The Juvenile and Domestic Relations District Court I. General Information The juvenile and domestic relations district court handles cases involving: Juveniles accused of delinquent acts, traffic infractions
More informationJourneys through the Criminal Justice System for Suspects, Accused and Offenders with Learning Disabilities. A Graphic Representation
Journeys through the Criminal Justice System for Suspects, Accused and Offenders with Learning Disabilities A Graphic Representation 0 Contents Introduction page 2 Methodology page 4 Stage One Getting
More informationName _Pennie M. Thrower Party Affiliation R Incumbent N
Judicial Candidate Questionnaire Name _Pennie M. Thrower Party Affiliation R Incumbent N 1. Why do you want to be judge? Because it s my responsibility as a lawyer to improve our legal system, and it s
More informationThe codification of criminal law and current questions of prison matters
The codification of criminal law and current questions of prison matters Kondorosi Ferenc Under Secretary of State Ministry of Justice Hungary Criminal law is the branch of law, in which society s expectations
More informationA Victim s Guide to Understanding the Criminal Justice System
A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:
More informationDraft Resolution for the United Nations Human Rights Council 30 th Session, September 14-25, 2015. Situation of Human Rights in Venezuela
Draft Resolution for the United Nations Human Rights Council 30 th Session, September 14-25, 2015 Situation of Human Rights in Venezuela The Human Rights Council, Guided by the Charter of the United Nations
More informationChildren Used by Adults to Commit Crime. Guidelines for Role-players in the Criminal Justice System
Children Used by Adults to Commit Crime Guidelines for Role-players in the Criminal Justice System Children Used by Adults to Commit Crime: Guidelines for Role-players in the Criminal Justice System Prepared
More informationBeing a witness in a criminal trial
Being a witness in a criminal trial If you have been the victim of an offence, or a witness to that offence, you may be asked to make a formal statement. The judge who hears the case can use your statement
More informationPrioritization/ political will
Implementation of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems: Follow-up on the Johannesburg Declaration Co-hosted by the Government of South Africa,
More informationAdult Probation: Terms, Conditions and Revocation
Adult Probation: Terms, Conditions and Revocation Mandatory Conditions of Community Supervision Restitution Mandatory that it be pronounced at sentencing Sauceda v. State, 309 S.W. 3 rd 767 (Amarillo Ct
More informationCopyright @ Ministry of Law, Justice and Parliamentary Affairs
260 THE BORSTAL SCHOOLS ACT, 1928 CONTENTS SECTIONS 1. Short title and extent 2. Definition 3. Establishments of Borstal School 4. Application for the Prisons Act, 1894, and the Prisoners Act, 1900 5.
More informationHANDOUT 1: Purpose and Principles of Sentencing in Canada
HANDOUT 1: Purpose and Principles of Sentencing in Canada Principles of Sentencing The Criminal Code of Canada outlines the principles and purpose of sentencing in s. 718. These principles are placed in
More informationSUMMARY INFORMATION ON PROBATION IN SCOTLAND
SUMMARY INFORMATION ON PROBATION IN SCOTLAND General Information Number of inhabitants: 5.20 million at December 2009. 1 Prison population rate per 100,000 inhabitants: 148. Link to Probation Services:
More informationPROCEDURES GOVERNING THE PAYMENT OF CRIMINAL LEGAL AID FEES
PROCEDURES GOVERNING THE PAYMENT OF CRIMINAL LEGAL AID FEES Courts Policy Division Department of Justice and Equality March 2015 Note: This document does not purport to provide legal advice or to provide
More informationGetting it Right First Time Case Ownership Duty of Direct Engagement Consistent judicial case management
1. Better Case Management (BCM) links certain key complementary initiatives, which together should improve the way cases are processed through the system, for the benefit of all concerned within the criminal
More informationGlossary of Court-related Terms
Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation
More informationState Compensation to Victims of Crime (Consolidation) Act No. 688 of 28 June 2004
State Compensation to Victims of Crime (Consolidation) Act No. 688 of 28 June 2004 The following is a consolidation of the State Compensation to Victims of Crime Act, cf. Consolidation Act No. 470 of 1
More informationCHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985
CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 Subchapter 6.000 General Provisions Rule 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Statutes (A) Felony Cases. The rules
More informationThe Republic of Somaliland. Criminal Legal Aid Manual for Law Practitioners in Somaliland Criminal Justice Compendium for Somaliland
The Republic of Somaliland Criminal Legal Aid Manual for Law Practitioners in Somaliland Criminal Justice Compendium for Somaliland Criminal Legal Aid Manual for Law Practitioners in Somaliland Criminal
More informationINTRODUCTION DO YOU NEED A LAWYER?
INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way
More informationChapter 2: Bill of Rights CHAPTER 2
CHAPTER 2 BILL OF RIGHTS Rights 7. (1) This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human
More informationIN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION : SAM STINSON, on his behalf : and on behalf of all persons : similarly situated, : : Plaintiffs : Civil Action File v.
More informationSociety of Conservative Lawyers
Society of Conservative Lawyers Affording justice: How to reduce the bill for criminal legal aid without compromising the quality of legal representation. The Society of Conservative Lawyers is an association
More informationTitle 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights
Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held
More informationCAJ s submission no. 278. CAJ s Response to the Consultation on Bail in Criminal Proceedings. January 2011
CAJ s submission no. 278 CAJ s Response to the Consultation on Bail in Criminal Proceedings January 2011 What is the CAJ? The Committee on the Administration of Justice (CAJ) was established in 1981 and
More informationHANDLING JUVENILE OFFENDERS UNDER CRIMINAL LAW IN VIETNAM
HANDLING JUVENILE OFFENDERS UNDER CRIMINAL LAW IN VIETNAM Chu Thanh Quang* I. INTRODUCTION In Vietnam, juveniles 1 committing crimes are not handled by a separate court system, but the general criminal
More informationChapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations
Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations Chapter 13.A Procedure Speedy Trial (Last Updated: May 13, 2013) 29-1207. Trial within six
More informationOBSTACLES TO THE SUCCESSFUL ABATEMENT OF THE DRUG ABUSE PROBLEM AS PERCEIVED BY THE POLICE COMMUNITY
OBSTACLES TO THE SUCCESSFUL ABATEMENT OF THE DRUG ABUSE PROBLEM AS PERCEIVED BY THE POLICE COMMUNITY by JoHN E. FAHNESTOCK* This presentation is the summation of recent periodicals and current literature
More information