Law & Courts

CPS: Cayman Islands Report Review makes many recommendations for improvement with comments from local lawyer

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  1. Implementation of new structure for the Criminal Justice Board.
  2. Full implementation of the Manual of Guidance including monitoring and training for the police.
  3. Implementation of an electronic case management system to enable more reliable collection of performance data, the ODPP would benefit from a digital case management system that could interface with the police and the court.
  4. Implementation of the Criminal Procedure Practice Direction and case management forms to streamline and expedite the prosecution process, identifying issues for the court to decide.
  5. Development of a diversion policy/ restorative justice options or other out of court disposals such as cautioning for offences that would receive a nominal or financial penalty.
  6. Review the witness summons system to consider warning officers by email; this may require a legislative change.
  7. Establish a witness care unit which could be staffed by volunteers and ensure that separate waiting areas are available in those cases where the witnesses are vulnerable and require additional support. Consider using the video link facility at the Family Support Unit for witnesses to give evidence in court (in particular child witnesses) to provide a familiar and safe environment to ensure best evidence is obtained.
  8. Amend the traffic ticket process (as implemented in Turks and Caicos).
  9. Implement a handover system at the police station to ensure that the investigation continues when the officer in the case is not present.
  10. At least two Crown Counsel assigned solely to the summary court. (Pending this taking place the CJA recommends that each Crown Counsel remain in the summary court/grand court for a minimum of six months, to enable cases to conclude and minimise duplication of work).
  11. At least two Crown Counsel specialise in each subject area to ensure adequate specialism’s and succession planning.
  12. Crown Counsel to draft charges and a database of charges to be compiled that can be copied and pasted to reduce the number of charges which are incorrectly drafted at Court. Once the file is received after the charge, the charge sheet should be checked and certified by counsel who provided the ruling.
  13. Law says DPP to rule only on matters where arrest and person on bail or in custody.
  14. Omits third category where persons simply released.
  15. Omits category where person released and given letter by COP /RCIPS
  16. (1) Where a person is released on bail or detained in custody, a police officer involved in the investigation of the offence shall, as soon as is practicable, send to the Director of Public Prosecutions all such information or evidence as has been obtained in the case.
  17. The report recommendations will require a wholesale revamping of police case management requiring significant new resources , hiring of specialized legal and administrative staff with support facilities likely to run into multiples of millions.
  18. The report recommendations will require a wholesale revamping of DPP case management requiring significant new resources , hiring of specialized legal and administrative staff with support facilities likely to run into multiples of millions.
  19. The report amounts to serious criticism of the DPP and COP highlighting dereliction of their tasked duties with wholesale management failures over an extended period of time. The report failed to recommend new leadership.
  20. Report failed to recommend establishment of a body similar to the Crown Prosecution Service Inspectorate.
  21. Overall an almost comprehensive report which seeks to expand on many issues and similar solutions in the public arena.
  22. These recommendations many of which are not entirely new will require implementation by new and determined leadership in the Portfolio of Judicial Affairs and the RCIPS or face the Cayman model of regularly ignoring reports and recommendations. The Public has a right to value for money for expensive archaic and non-performing official who have failed in their duties.
  23. TIME LIMITS

Published August 30, 2015

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