Add the Chief Justice to the list of jurists who believe the country’s judicial system would greatly benefit if the powers of magistrates were increased.
In fact, it is a move Sir Marston Gibson would like to see discussed sooner rather than later.
In an interview with Barbados TODAY last week, Queen’s Counsel Michael Lashley and a sitting magistrate called for the jurisdiction of magistrates to be expanded.
They suggested that legislative amendments be made to allow magistrates to grant bail for some offences committed under the Sexual Offences Act, Offences Against the Person Act and the Theft Act; and in matters involving small quantities of ammunition. They contended that this would help alleviate the current backlog of cases in the judicial system.
Speaking on the sidelines of a mediation ceremony this afternoon in the 3W’s pavilion of the University of the West Indies, Cave Hill Campus, Sir Marston told Barbados TODAY he fully supported the suggestion that magistrates be given more power.
He concurred that the time had come for them to have additional authority.
“At some point, we need to have that conversation about the magistrates…but it’s a conversation for the future – and it is my hope, for the very near future – because I believe the magistrates do yeoman service and they are very much underappreciated in this country and we really need to take a long look at our magistracy,” the Chief Justice said.
“So we know that we have to have that conversation, but we’ll take one step at a time. There are a lot of changes that have been taking place in other jurisdictions with regard to the magistrates, not only the number but also the increase in their jurisdiction.”
Sir Marston pointed to specific instances where he believed this increased authority was necessary. Among them was the limitations placed on magistrates in adjudicating civil cases.
“The magistrates do a significant majority of the judicial work in this country. We have ten magistrates and annual filings in the Magistrates’ Court can be anywhere between 20,000 to 23,000 cases, which is about 2,000 cases per magistrate, per year. It can’t be done,” he said.
“Our magistrates’ jurisdiction in civil cases is limited to $10,000, except in the area of wrongful dismissal where it is unlimited, and we really need to increase that jurisdiction,” the Chief Justice added.
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