Judicial Responsibility: Improving Training and Resources in the Courtroom
In a recent inaugural speech, Madam Justice Natasha Galea Sciberras emphasized the challenges faced by judges and magistrates and called for better training and resources to support those in the courtroom. She argued that the role of the judiciary goes beyond delivering judgments and condemning individuals; it also involves utilizing all available tools to assist individuals brought before the court.
Justice Galea Sciberras acknowledged that the life of a judge is far from easy. It requires an immense commitment to service, continuous study, and extensive research, all while carrying significant responsibilities. Despite rigorous preparation, magistrates, especially duty magistrates, often find themselves unprepared for the various situations they encounter. Justice Galea Sciberras proposed that retired members of the judiciary could contribute by sharing their legal knowledge and vast experience through training programs for new magistrates.
She also highlighted the need to reassess the distinction between judges and magistrates. Magistrates now face a similarly overwhelming workload, with their jurisdiction no longer limited to offenses carrying short prison terms but extended to crimes punishable by up to 12 years of imprisonment. Additionally, the complexity of their caseload has increased due to modern technology-related crimes. Consequently, any distinctions in protocol, treatment, and working conditions between judges and magistrates are no longer relevant.
Justice Galea Sciberras expressed concern about the workload that magistrates currently face. To alleviate this burden, she welcomed the recent proposal to appoint new magistrates solely dedicated to inquiries. By doing so, sitting magistrates would be able to concentrate exclusively on pending cases and judgments. Additionally, having magistrates specializing in inquiries could expedite the process of concluding such investigations. However, she stressed that appointing new magistrates must be accompanied by providing them with the necessary resources, including workspace and well-trained staff.
The lack of resources, particularly the absence of a court attorney, hinders judges and magistrates from working with greater efficiency and expediency. Justice Galea Sciberras emphasized the importance of providing all necessary resources to improve the effectiveness of the judiciary and avoid inefficiencies and delays in court proceedings. She also noted the frustration caused by the delayed start of functioning for recently appointed magistrates due to a lack of staff. It is crucial not only to have a full complement of staff but also to ensure they are well-trained and competent.
While courts are often blamed for delays in judicial proceedings, Justice Galea Sciberras pointed out that the parties involved in a case can contribute to these delays as well. Referrals back and forth between the Magistrates’ Courts and the Attorney General’s Office, especially during the evidence compilation stage, can unnecessarily prolong proceedings. Both the prosecution and defense need to understand and respect the right of disclosure, allowing the accused and their lawyers access to the evidence against them from the beginning to facilitate an efficient defense.
To reduce the number of cases that proceed to trial, Justice Galea Sciberras suggested making better use of plea bargaining. This approach could expedite case handling, optimize human resources, and save taxpayer money. The judge also proposed amending the law regarding drug offenders. Currently, courts must wait for the drug offenders rehabilitation board to reach a decision before proceeding to judgment, which can take 18 months or more. She recommended allowing courts the discretion to avoid an effective jail term without converting into a Drugs Court and sending the accused for assessment.
In conclusion, Madam Justice Natasha Galea Sciberras has called for better training and resources to support judges and magistrates in the courtroom. Her remarks shed light on the challenges faced by the judiciary and emphasize the need for efficient case management, improved working conditions, and enhanced access to resources. Implementing these changes would serve to uphold the principles of justice and ensure a more effective and efficient judicial system.
