Chuck Urges Greater Use of Plea Bargaining in Court System

Minister of Justice and Constitutional Affairs, Hon. Delroy Chuck, is urging parties who are before the court for criminal offences and the attorneys representing them, to consider plea bargaining to help reduce caseloads across the judiciary.

He made the call during a press briefing on key justice matters at the Ministry’s office in St. Andrew on Friday (October 2).

“The courts are overburdened and we need all parties to think about it and see how [they] can assist the courts,” Mr. Chuck stated.

The Minister pointed out that there are close to 5,000 cases before the island’s circuit courts and just under a thousand in the Supreme Court, while noting that they cannot all be tried in the next five years.

He acknowledged that in some instances, accused persons often hope for cases to be continuously delayed, expecting that witnesses will become untraceable and cause the charges to be dismissed.

“The truth of the matter is that in serious offences, the matters will continue, and if they are to be tried in the fifth and sixth year, so be it,” Mr. Chuck stated.

He urged persons who know they have committed a crime, to pursue plea bargaining, while noting that depending on their offence, they could receive a non-custodial sentence, which could later be expunged.

Meanwhile, Mr. Chuck informed that he recently met with the Director of Public Prosecutions (DPP) and her staff to discuss how they can ensure that plea bargaining is used more extensively.

He explained that when the Criminal Justice (Plea Negotiations and Agreements) Act, was passed, his vision was that crown counsel would leverage plea bargaining before a case starts, perhaps at case-management level.

“They could say to the accused or the defence counsel, ‘If this matter is tried, you may well be convicted, and the likely sentence could be 10 years. We are prepared to recommend, if you plead guilty, that you get a sentence of three or five years’, which is an incentive to plead guilty,” the Minister stated.

He said, unfortunately, this has not really been happening over the last eight years, as it is usually the defence team that comes forward and offers to plead guilty.

“More of this is needed. So, I will be calling on the defence bar… don’t wait on the prosecution to invite you to plead guilty,” Mr. Chuck urged.

He emphasised that defence counsel must assess the material against the accused person and determine whether a plea can be made.

The Minister further urged judges, in appropriate cases, to consider a non-custodial sentence if the accused is not a danger to the society.