Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
On the cover of this year’s annual report, we introduce the theme of Restorative
Dialogue. The graphic is based on the use of the speech bubble, which is a
convention used to allow words (and less often, pictures) to be understood
as representing speech or thoughts. On the cover, the two speech bubbles
represent dialogue, and the interconnection signifies agreement or consensus
between the two parties in dispute. The round edges of the speech bubbles
offer a soft tone for the conversation that takes place between the parties. The
colour scheme reflects a Caribbean aesthetic – aquamarine/turquoise which
represents open communication and clarity of thought. The colour orange is
associated with encouragement and change.
Our Mission
The Judiciary works towards the resolution of conflict in the
society by resolving disputes that arise out of the operation
of laws and involve the application of remedies and the
punishment of offenders.
2 Roxborough
1
Scarborough
TRINIDAD
1. Family Court
2. Tunapuna Magistrates’ Court
3. St. George West Magistrates’ Court
17
4. Chaguanas Magistrates’ Court
Toco
5. Couva Magistrates’ Court
6. San Fernando Magistrates’ Court
3 1
7. Point Fortin Magistrates’ Court
14
8. Arima Magistrates’ Court
2 8
PORT OF SPAIN 9. Sangre Grande Magistrates’ Court
Tunapuna Arima 9 10. Princes Town Magistrates’ Court
Sangre Grande 11. Rio Claro Magistrates’ Court
4 12. Mayaro Magistrates’ Court
Chaguanas 13. Siparia Magistrates’ Court
5 14. Supreme Court, Port of Spain
15. Supreme Court, San Fernando
Couva
16. Moruga Out Court
17. Toco Out Court
11
15 6 12
10 Rio Claro TOBAGO
San Fernando Mayaro
Princes
Town
1. Scarborough Magistrates’ Court
7 2. Supreme Court, Tobago
13
Point Fortin 3. Charlotteville Out Court
Siparia 16
Moruga 4. Roxborough Out Court
Foreword 5
Introduction 8
Organisational Structure 12
The Judiciary is mindful of the challenges facing A New Path This Annual Report describes these and a number
the Justice System in terms of the volume and of other initiatives undertaken in the year under
complexity of matters, the limits upon resources, Such dialogue is not a new concept. Social work, review that were new steps on this path—new, in
the complications of a changing society and the parole, bail, mediation and out-of-court settlement some cases, for our customers, stakeholders and
apparent intensification of societal woes. As are all mechanisms by which persons who suffer the wider society.
such, the organisation has sought and for some harm – and in some instances, the society itself –
time has been engaged in an examination of the agree to participate with the party responsible for A Better Path
options available to us to make and sustain real that harm, in a conversation aimed at healing and
change. That examination has led to a conviction restoration. Our efforts are beginning to bear fruit. Several
that Courts must turn their exclusive attention accused persons have used the Maximum Sentence
away from the outcome of illegal, unjust and/ The Judiciary of Trinidad and Tobago has, over Indication option and the Drug Treatment Court
or unfair behaviour and look as well toward its the past three years, dared to embrace even more has had measurable success. This is evidenced
causes. The Judiciary must determine its impact, innovative variants of such Restorative Dialogue. by several persons, in appropriate instances,
repair harm done, restore relationships, and Taking the cue from the Family Court, where this avoiding jail terms and opting instead to be put
engage wholeheartedly in Restorative Dialogue as concept of conflict resolution through dialogue on other paths toward restitution. Eventually, the
a true path to Justice. has been actively embraced since 2004, we have backlog of cases before our Courts will diminish
turned our attention to other areas of adjudication, because less time will be spent on each case. The
including our administrative initiatives. cost of justice to the taxpayer and the length of
Research suggests that this approach may result trials will also be reduced. These are measurable
in a deeper sense among litigants, as well as Innovations ranging from Maximum Sentence results.
defendants and victims, of having received justice Indication hearings in the Criminal Justice
before the Courts and may lead to a resolution of Courts, to the bifurcated case management A less clinical result of this approach, however,
conflict that is not beset by rancor or enmity. system in the Family Court and the judicial is that we have observed in our courtrooms, that
settlement conferences in Civil Courts, all have persons who are seeking justice, and those who
the Restorative Dialogue concept as a feature of are responsible for harm, have a greater voice in
their design and goal. and a better understanding of the proceedings.
Drug addicts who submit to our Drug Treatment
Even among our Judges, Judicial Officers and staff, We, as an organisation, are convinced that new
a new voice is encouraged: one of empathy, caring ideas, new commitments, new approaches are
and positivity; one that is shaped by emotional necessary, if not critical at this time. We have
intelligence and mindfulness: all geared toward committed ourselves and our organisation to
healing and eventually, renewal. respond to these much-needed changes.
The Judiciary of the Republic of Trinidad and Court of Judicature Act, Chap. 4:01 provides for the The Magisterial Districts in alphabetical order are:
Tobago, is the third arm of the State and is Chief Justice twelve (12) other Justices of Appeal, • Arima
independent of the Executive and the Legislature. thirty-six (36) Puisne Judges, as well as not less • Caroni (Chaguanas)
The Judiciary is made up of the Supreme Court and than two (2) Masters of the High Court. Masters • Couva
the Magistracy. The Supreme Court, comprising have similar jurisdiction to Judges of the High • North East (Sangre Grande)
the Court of Appeal and the High Court, is Court sitting in Chambers, except for matters • South East (Mayaro, Rio Claro)
established by Section 99 of the Constitution. where statute expressly limits their jurisdiction • St. George East (Tunapuna)
The Magistracy is established by the Summary (such as in the exercise of powers to imprison or • St. George West (Port of Spain including the
Courts Act, Chap. 4:20 and the Petty Civil Courts to grant interlocutory injunctions). The existing Family Court)
Act, Chap. 4:21. The Magistracy is comprised of complement of the Supreme Court Bench is the • St. Patrick East (Siparia)
the Courts of Summary Jurisdiction and the Petty Chief Justice, ten (10) Justices of Appeal, thirty- • St. Patrick West (Point Fortin/Cedros)
Civil Courts. one (31) Puisne Judges and three (3) Masters. • Tobago
• Victoria East (Princes Town)
THE SUPREME COURT OF THE MAGISTRACY • Victoria West (San Fernando)
JUDICATURE
The Magistrates’ Courts exercise original THE FAMILY COURT
The High Court exercises original jurisdiction jurisdiction in relation to Summary criminal
over indictable criminal matters, family matters matters. These courts also facilitate Preliminary The Family Court is a special-purpose Court,
and civil matters (inclusive of interlocutory Inquiries into serious criminal matters to comprising both High Court and Magistrates’
applications and informal motions in Chamber determine whether a prima facie case has been Courts. Established in 2004, this Court caters to
Courts). established against an accused person before he or citizens seeking help to deal with family disputes
she can be indicted for trial at the High Court. The through traditional case management and a
The Court of Appeal has appellate jurisdiction over Petty Civil Court deals with civil matters involving number of alternative dispute resolution processes
both the Magistracy and the High Court, inclusive money claims of less than $50,000.00. such as mediation, social work intervention,
of the Magisterial and High Court Sections of probation and child and youth day-care services.
the Family Court. An appeal from the Court of There are twelve (12) magisterial districts.
Appeal in Trinidad and Tobago lies to the Judicial These districts are serviced by a complement of The Family Court only operates in Port of Spain.
Committee of the Privy Council as of right or with thirteen (13) Senior Magistrates and thirty-seven Approval has been granted by the Executive
the leave of those Courts. (37) Magistrates under the supervision of the for expansion of the Court to other locations,
Chief Magistrate and Deputy Chief Magistrate. beginning with San Fernando.
The Supreme Court sits in Port of Spain, San Most districts are served by more than one (1)
Fernando and Scarborough, Tobago. The Supreme Magistrates’ Court.
CHIEF JUSTICE
High Court ORGANISATIONAL STRUCTURE
Judicial Administrative
Education Secretary to the
Institute Chief Justice
Magistrates’
Court
(Operations)
Court Library Court Planning Court Research Court Protocol Information Buildings, Court Records
Services Security Unit and and Technology Plant and Reporting Management
Unit Unit Statistical Unit Information Unit Equipment Services Unit
Unit Unit Unit
Court-Annexed Mediation is a voluntary, Masters, Senior Counsel) approved by the Chief Review (PTR) or later in the trial.
confidential process in which a neutral third Justice, to discuss possible settlement of their
party—a member of the public with relevant dispute. The Settlement Officer evaluates the ADR is also beneficial on other counts. It saves
qualifications who has been certified by the strengths and weaknesses of each side’s position costs: less court time translates to a reduction in
Mediation Board—facilitates communication and renders an opinion on how the case might be costs to the taxpayer and reduced attorneys’ fees
between the parties in dispute in order to assist settled. Settlement Conferencing takes place in an making it more economical for the clients. During
them to arrive at a compromise that meets their atmosphere that is designed to be non-adversarial. the pilot phase, the Judiciary provided mediation
mutual needs. services free of charge to its clients. In addition,
At any point during the civil litigation process, the main benefit of mediation is that it usually
Settlement Conferencing is a process by which a Judge, Master or Registrar can refer a case to leaves the disputing parties with a strong sense
the parties and their attorneys meet with a mediation or a settlement conference. Parties of fairness and justice. When matters cannot be
settlement officer, assigned by the court from may be referred to a JSC at a more advanced stage resolved with ADR and require a trial, the litigants’
a roster of specially qualified persons (Judges, in the litigation process, usually at the Pre-Trial positions often soften, which reduces the time
From left to right: The Honourable the Chief Justice Mr. Justice Ivor Archie; U.S. Embassy Chargé d’Affaires, Margaret Diop; UNDP
“Fundamental [to the Juvenile Court] Resident Representative Richard Blewitt and USAID Eastern and Southern Caribbean Mission Director, Christopher Cushing.
is the growing understanding that The Juvenile Court Project Juvenile Court will create a more humane society
the cognitive and psychological by giving youth offenders a chance for a full life.
developmental traits or capacities of Juvenile justice reform aims, among other things,
to transform aspects of the criminal justice The Juvenile Court Project (JCP) was officially
children and adolescents place them system, which in its present form does not entirely launched in November 2014. It is supported
in a different position to adults, with accommodate youth offenders. The objective by United Nations Development Programme
of this move away from a punitive approach to (UNDP), United States Agency for International
respect to the way they perceive and Development (USAID), and The National
a restorative one is based on insights that even
process things; in the way in which we serious offenders, if they are children, are usually Centre for State Courts (NCSC). During the year
should interpret their actions, and in the victims of their familial and community under review, the project has made a number of
circumstances, and need to be perceived and significant steps.
the solutions applied to address what treated as such. In practice, the reforms allow
we deem to be deviant behaviour.” Judges and Judicial Officers who adjudicate over The Children’s Bill (No. 2 of 2015) proposes the
children’s matters to collaborate with civic and establishment of two courts, one in Port of Spain
The Honourable the Chief Justice Mr. Justice Ivor Archie
governmental institutions to intervene in the life and the other in San Fernando, which would
O.R.T.T.
situation of the juvenile. The projection is that the be staffed by specially trained Judicial Officers.
At right – The Hon. Madame Justice Gillian Lucky discusses the issues of Bail and Apprehension during a Caseflow Mapping Session
Dr. Wendall Wallace speaks to students of Pentecostal Light and Life Seconday School in Tobago during the Peer Resolution School Tour
in Tobago
In the year under review, nine (9) programmes • Facilities Management Training; target issues specific to each group.
were held by the Human Resource Management Fire Warden Training;
Unit. They are: • Internal Audit in the Public Service Training; The Court Reporting Services Unit also conducted
• Performance Management Appraisal • Microsoft Office Suite Training; and several training sessions during the 2014/2015
Sensitisation; • Supervisory Management Training. term. Notetakers from Chaguanas (who now
• Protocol and Business Etiquette Training; use the audio-digital court recording systems in
• Branding and Identity Awareness Sensitisation In September 2015, the Registrar’s Department Tunapuna Magistrates’ Courts), Siparia, Sangre
Sessions; conducted training of all Judicial Support Officers Grande, Arima and St. George West were trained.
• High Impact Business Communications Skills and Assistant Judicial Officers assigned to the Training sessions were also conducted for Judicial
Workshop; Family Court, the Criminal and Civil jurisdictions. Support Officers from Family Court and Hall of
Each division was trained separately in an effort to Justice, Port of Spain.
Contractors working on renovations at the Chaguanas Magistrates’ Court. Moruga: A letter of award was submitted to
the contractor for upgrade of the Moruga
Magistrates’ Court building. Work will
• Couva Magistrates’ Court seeking further approval from Cabinet for the commence in the new fiscal year further to the
additional funding required. confirmation of funds.
With the Judicial Centre at Carlsen Field no
longer a priority of the Ministry of Justice, • Chaguanas Magistrates’ Court SUPREME COURTS
redesign work for the Couva Magistrates’
Court was completed in fiscal 2015 and an In January 2014, a contract was signed with • Hall of Justice, Port of Spain
engineering estimate was submitted for the the MTS to undertake the refurbishment of
revised design. At present, the Judiciary is the Chaguanas Magistrates’ Court. In March, During fiscal 2015, the installation of a full
awaiting a response on its queries regarding 2014, MTS invited tenders and awarded a load generator was completed at the Hall of
the new estimate from project manager contract to undertake the construction work. Justice, Port of Spain.
of the National Maintenance Training and It was discovered thereafter that a number
Security Company Limited (MTS) before of required work items had been omitted in
Princes Town Magistrates’ Upgrade of air-conditioning system in the Registry In the year under review, various security related training
Court initiatives were undertaken in partnership with the Trinidad and
Refurbishment of prison cells Tobago Police Service, the Trinidad and Tobago Fire Services,
San Fernando Magistrates’ and Emergency Health Services. These initiatives resulted in
Refurbishment of Police Court and Process area
Court improvement in the techniques for managing security and safety
Painting and tiling of registry vault area issues among Judiciary staff and at Judiciary locations.
Installation of the fire alarm system
Upgrade of plumbing installation Steps were also taken to ensure that safety supplies and systems
Removal of guttering were maintained and updated. To this end, the re-stocking of
San Fernando Supreme Court items for the first aid kits are being procured, and the procurement
Upgrade of air-conditioning system
of safety signs is seventy-five (75) per cent complete. Tenders
Family Court, Port of Spain Upgrade of air-conditioning system have been sent out for the upgrade of emergency lighting, fire
alarm and detection systems, fire extinguishers, and fire hose
Port of Spain Magistrates’ Court Upgrade of lighting in courts reel systems. The evaluation of these tenders is currently being
Upgrade of sewer system undertaken. It is expected that installation of the latter will follow
Major roof repairs in the new financial year.
Hall of Justice, Port of Spain Refurbishment of Registrar’s Chambers During the year in review, emergency response training and
Creation of a new Chamber for Appeal Court emergency evacuation drills were also undertaken, with 30
Arima Magistrates’ Court persons being first aid recertified and seventy-five (75) persons
Refurbishment of prison cells receiving formal emergency response training as fire/emergency
Sangre Grande Magistrates’ wardens. At all buildings, general staff were part of fire and
Internal painting emergency response sensitisation exercises. Evacuation drills
Court
Installation of laminate flooring were also conducted at thirteen (13) court buildings.
Mayaro Magistrates’ Court Refurbishment of Senior Magistrates’ Chambers
The Judiciary’s OSH compliance and risk assessments for 2014
Upgrade of air-conditioning system were completed, and all reportable accidents investigated and
Rio Claro Magistrates’ Court reported to the OSH Agency as required. Corrective action was
Enclosure of Magistrates’ carport taken and all items were followed up.
One hundred and eight (108) students, teachers The partnership between the Judiciary and The The World of Work (WOW) Programme is an
and guidance counselors from six (6) secondary University of the West Indies, leading Applied initiative in which the Judiciary partners with
schools attended a Secondary Schools’ Forum Creative Arts Company, Arts in Action has The University of the West Indies (UWI), St.
hosted by the Judiciary at the Hall of Justice on enhanced the learning component of the forum Augustine Campus, where students are exposed
March 3rd. The Forum, entitled The Judiciary with the use of the performing arts discipline. to the various career options available at the
and Society, provided students with insight into Through the use of drama, music and storytelling, Judiciary. In March 2015, over five hundred (500)
the role of the third arm of the state and how its the group aptly re-enacted dramatic pieces students visited the Judiciary’s booth and were
In the absence of dedicated funding, the Judiciary Arising out of discussions of the Bench/Bar
has proceeded with the “soft roll-out” of the Committee, a sub-committee was formed with
corporate identity through the use of the logo the mandate to develop rules, protocols or practice
Judiciary staff learn about proper usage of the new logo.
and corporate marks on documents such as directions to be adopted to address certain concerns
BRANDING ROLL-OUT our Annual Report, newspaper advertisements, surrounding electronic transmissions from the
invitations, various staff tokens and memorabilia, court to practitioners and parties, namely:
In fiscal 2012, the Judiciary engaged a service email signatures, a branded intranet, and
provider as a partner to undertake the development 1. lack of uniformity in the approach of Judges
customer brochures.
of a corporate brand and identity. This was a key in their use of electronic communication
element of the organisation’s communication and For fiscal 2016, further work will be undertaken of orders, directions, notices and
transformation agenda for creating a customer to ensure that court staff fully understands the correspondences to Attorneys at Law;
oriented and high-performance professional meaning of the brand. The Judiciary will also 2. instances of failed receipt of electronic
organisation. endeavour, within the limits of our funding transmissions from the court to Attorneys at
for 2016, to publicly launch its brand and new Law; and
The agenda focuses on performance standards, corporate identity. 3. the need for a means of authentication of
public trust and confidence, and the new corporate electronic transmissions of notices of hearing
identity. This is aimed at presenting the unique PARTNERING WITH THE LAW ASSOCIATION and other directions or orders made by or
image of the organisation, which is indicative of its OF TRINIDAD AND TOBAGO ON THE MATTER correspondence emanating from the court.
core values of excellence, accountability, integrity OF WILLS AND PROBATE
and commitment to service, while strengthening The sub-committee comprised representatives of
relationships with its customers and stakeholders Work continued on a collaborative project, which key stakeholders including members of the High
to achieve its mission. was launched in the 2012/2013 Law Term, Court Bench, the Registrar’s Office, technical
involving the Office of the Registrar of the Supreme employees of the Judiciary and the Law Association
The organisation has commenced sensitisation and Court and the Law Association of Trinidad and of Trinidad and Tobago, who volunteered
awareness sessions with its staff to communicate Tobago (through senior practitioners specialising their time and expertise in the development
5 IMPROVING
ORGANISATIONAL
STEWARDSHIP
The Judiciary’s Accounts and Investments Unit
(AIU) is charged with the responsibility for the
administration of all case deposits paid into court,
of the unit’s operations. This, together with the
introduction of the technology platform, is the
primary reason for the unit’s success at customer
care and the efficiency of its operations.
such as Court Orders, Maintenance Payments,
The focus area of organisational stewardship Security for Costs, Bail Bonds, Writs of Execution, There is one area of the AIU’s work that is still an
refers to obtaining adequate resources with the Proceeds from Marshall’s Sales and Workmen’s issue and concerns the panel of Medical Referees
ability to effectively and efficiently manage said Compensation Claims. that is required for the effective operation of the
resources. In addition to the routine work of the Workmen’s Compensation administration. The
Judiciary’s Internal Audit and the Finance and The roll-out of the technology platform for the Panel at present stands below the legal minimum
Accounts Units, the following represent the main implementation of the docket system using required. The Ministry of Labour is currently
activities pursued with regard to this focus area. Civil Proceedings Rules 1998 has improved engaged in the selection of suitable medical
the efficiency of the Workmen’s Compensation personnel to fill the vacancies.
operations beyond expectations. All fatal claims
filed during the period September 1, 2014 to
August 31, 2015 have either been settled, are before
The Judiciary Family is friendly and highly motivated with a real passion for
service. Much is demanded of employees and regardless of their roles, they are
charged with living the organisation’s core values: Excellence, Commitment,
Accountability, Integrity and Service. Officers are sometimes required to work
long hours, which are made easier through camaraderie and the knowledge
that each step on the path to justice solidifies the legitimacy of the institution
and creates a more peaceful society.
The Judiciary’s Drivers/Couriers recognise that These valuable members of staff support the daily
driving is not merely a task, but a duty, one which operations of the Court through their dedication
they treat with utmost importance. Officers are to service.
The Centre currently has a capacity to enrol brings balance to the body and mind. They were preparations and have participated in the pre-
fifteen (15) students at a time. There were nine (9) conducted on an eight (8)-week cycle and were events of the 2015 HARDCORE challenge.
students enrolled for the April to July school term, favourably received.
up slightly from seven in the previous term, while With increased gym usage in Port of Spain, as
the July Camp was fully subscribed. Another venture undertaken by four (4) members well as the Judiciary’s participation in Hardcore
of the Judiciary family was Fusion Lite. On April 2015, two (2) new gym instructors have been
By providing this type of support, the Centre 12, 2015, these daring individuals completed the added to the Health & Wellness programme. New
eases some of the stress faced by those members 18-kilometre pre-race to Fusion IX. Fusion Lite gym equipment has been ordered for the Hall of
of staff who may have difficulty finding either the is an event which takes competitors through Justice and the Committee has recommended that
resources or the activities to keep their children mountain trails and tests team spirit, camaraderie, similar equipment be provided to other locations,
safe and occupied with wholesome activities ingenuity, skill and commitment. Later in the once there is suitable space and demand for the
during their time off from school. year, a team of twenty-five (25) persons began service.
The Honourable Madame Justice After serving as a Temporary Judge for six (6)
Maureen Rajnauth-Lee, JA months she assumed as a permanent Judge
effective September 1, 2001. She was the second
Madame Justice Rajnauth-Lee, after serving Judge assigned to the Family Court Pilot Project
fourteen (14) years on the bench, three (3) of where she was a part of a system which adopted a
which were as a Judge of the Court of Appeal, holistic approach to resolving family disputes. She
retired from the Supreme Court of Trinidad and became more of a mediator in a process previously
Tobago in March 2015. She has since assumed the considered adversarial. During her tenure at the
position of Judge at the Caribbean Court of Justice. Judiciary, Madame Justice Rajnauth-Lee served
A graduate of The University of the West Indies on vital committees. She was the chairman of the
with a Bachelor of Laws degree in 1976 and from Calendaring and Case Management Committee
the Hugh Wooding Law School with the Legal and the Continuity of Operations Committee.
Education Certificate in 1980, she was admitted Currently, she is the Vice President of the
to the Bar in the same year. From January 1981 Caribbean Association of Women Judges and of
to October 1985, Madame Justice Rajnauth-Lee the Trinidad and Tobago Women Association of
served as State Counsel in the Attorney General’s Judges.
department, attaining the position of Senior
State Counsel, before embarking on a career in Madame Justice Rajnauth-Lee was appointed
private practice between 1985 and 2001. She has to the Court of Appeal on October 8, 2012, after
practised in the Civil Law jurisdiction and served eleven (11) years on the High Court Bench. She
as Vice-Chairman of the Disciplinary Committee was the third female Judge to have been appointed
of the Law Association of Trinidad & Tobago from at the Court of Appeal Bench. Her predecessors
1998 to 2001. were The Honourable Madame Justice Paula-Mae
Weekes and Madame Justice Alice Yorke-Soo
Hon.
The Honourable Madame Justice Practice. Between 1996 and 2002, she served as
Judith Jones, JA Director of the Legal Aid and Advisory Authority
of Trinidad and Tobago. Madame Justice Jones
Madame Justice Jones was elevated to the Court was also a long-standing member of the Council of
of Appeal on June 2, 2015 after eleven (11) years the Law Association of Trinidad & Tobago and the
on the High Court Bench. With the introduction Disciplinary Committee of the Law Association
of the Civil Proceedings Rules in 2005, she during her tenure at the aforementioned
served as a member of the Court Calendaring and organisation.
Monitoring Committee. She is also a member of
the Board of the Judicial Education Institute of While in private practice, she worked on several
Trinidad & Tobago and became a Fellow of the Cabinet-appointed committees, including a
Commonwealth Judicial Education Institute in committee to update domestic violence legislation
2010. and another to establish police protocols for
handling domestic violence complaints. She also
Madame Justice Jones is a qualified mediator. She had the privilege of participating in the Train the
received training in civil and family mediation Trainers advocacy programme administered by
from the University of Southern Florida in 1998. Gray’s Inn and remains committed to training
She serves as a tutor at the Hugh Wooding Law young lawyers in advocacy skills.
School in both Evidence and Civil Procedure and
Ms. Simone Fazia Hosein, Deputy Registrar Before joining the Judiciary in December 2008,
and Marshal Ms. Hosein was an Associate Attorney-at-Law
in private practice since 2004, where she was
Ms. Hosein holds a BA (Hons), History and an involved mainly in areas of general litigation and
LLB (Hons) from The University of the West practice, probate and intellectual property.
Indies. She was admitted to practise Law in
Trinidad and Tobago after obtaining her Legal Ms. Hosein assisted with preparation of the
Education Certificate (Principal’s Honour Roll) Judiciary’s Desk Manual for use by staff in the Civil
from the Hugh Wooding Law School in 2004. Court Office in 2012 and had sole responsibility
Over the past six years she has served as Assistant for preparing the draft Bail Manual for use in the
Registrar & Deputy Marshal in all Supreme Court Criminal Registries in 2013. She is also a member
areas including Port of Spain, San Fernando, of the Family Proceedings Rules Committee
Tobago and the Family Court. and a Judiciary representative on the Ministry of
Gender, Youth and Child Development Planning
Committee to develop a National Children’s
Registry.
Ms. Nirala Bansee-Sookhai, Deputy Registrar Bar in 2002. She is a graduate of the University
& Marshal of London and the Hugh Wooding Law School.
Prior to her appointment as Assistant Registrar &
On January 30, 2015 Ms. Bansee–Sookhai Deputy Marshal in January 2009, she served as
assumed the position of Deputy Registrar & Legal Officer I and II at the Chief State Solicitor
Marshal (Ag.), Family Court of Trinidad and Department, Ministry of the Attorney General
Tobago. Ms. Bansee-Sookhai was admitted to the from 2002 to 2008.
Mr. Justice Roger Hamel-Smith, Programme Justice Hamel-Smith’s career spans more than 40
Director, JEITT years, commencing with his admission to practice
as a solicitor in April 1969. He was appointed
Mr. Justice Roger Hamel-Smith returned to the a Judge of the High Court in 1987, and three (3)
Judiciary as Programme Director of the Judicial years later he was elevated to the Court of Appeal
Education Institute of Trinidad and Tobago and retired in 2009. During his tenure, Justice
(JEITT) on October 1, 2014. He is the first Hamel-Smith served as Chief Justice on several
appointee to this post, following the restructuring occasions, the longest being a period of fourteen
of the Institute in 2011. Justice Hamel-Smith (14) months between July 2006 and December
exercises general control over all the programmes, 2007.
activities and related policies and development
projects of the Institute.
Ms. Gerarda Cassandra Holder, Court Archivist Ms. Holder has been a lecturer at The College of
and Records Manager Science Technology and Applied Arts of Trinidad
and Tobago (COSTAATT), in the Certificate in
Ms. Holder assumed the position of Court Records Management from its inception. She
Archivist and Records Manager on March 2nd, supervised the Records Management Practicum,
2015. Ms. Holder obtained her Masters of Library then went on to lecture the Introduction to Records
and Information Studies (MLIS) with specialisation Management, Electronic Records Management
in Preservation Management from the University and Archives Management. Ms. Holder is also the
of Pittsburgh in 2004. She completed several subject specialist for Records Management within
courses in Records Management and Archives the Library Degree Programme at COSTAATT.
Management and learned the applications As the subject specialist she created the Archives
necessary for the short and long-term preservation Management course specifically suited to the
of archival documents, both paper and digital. She needs of Library students, as opposed to the skills
also acquired extensive experience in the creation required for the Records Management students.
and implementation of policies and procedures
for the preservation of archival documents. In addition, Ms. Holder has worked as a Librarian
at the Heritage Library Division, NALIS; University
of Trinidad and Tobago O’Meara Campus &
Technical Services Division: Cataloguing.
Ms. Kemba Marcano, EAP Administrator pursuit of Sangha yoga teacher training where she
focuses on the power of breath and movement in
Ms. Marcano is an Employee Assistance treating with anxiety and depression.
Professional with a BSc in Psychology from
Florida Memorial University and a Master’s Ms. Marcano teaches Psychology and Social Work
degree in Social Work from The University of the courses at the Open Campus of the University of
West Indies. the West Indies on a part-time basis and also has
experience is Human Resource Development and
Prior to joining the Judiciary in August 2015, she Customer Service. Ms. Marcano is a member of the
operated as Employee Assistance Programme Co- Employee Assistance Professionals Association
ordinator for one of the country’s leading external (EAPA) as well as EAPA’s Trinidad and Tobago
Employee Assistance Programme providers. Her Branch.
interest in the mind/body connection led to the
Ms. Angela Mohammed, December 9, 2014 Ms. Cornelia Lockhart, September 15, 2015
Messenger II Clerk Typist II
Mrs. Taramati Ramlal, December 22, 2014 Ms. Helen Toussaint-Jackson, Cleaner II September 23, 2015
Acting Clerk of the Peace II
Ms. Kownsillia Baksh, October 10, 2015
Ms. Patricia Mc Gillivery, January 21, 2015 Clerk Typist I
Telephone Operator I
Mr. Kamraj Lall, August 27, 2015
Ms. Marinus Cudjoe-Ottley, March 3, 2015 Clerk of the Peace I (Ag)
Clerk Typist I
DEATHS
Mr. Hardaye Pooran-Beharry, March 5, 2015
Section Manager &
Mr. Krishna Mathura, November 6, 2014
Second Deputy Marshal
Bailiff I
Mr. Michael Broomes, July 21, 2015
Ms. Latisha Headly, October 20, 2014
Magistrate
Driver/Courier
Mr. Beverly Humphrey, January 2, 2015
Mrs. Shelly Ann Duke, Orderly June 19, 2014
Judicial Secretary
Ms. Marva Gumbs, January 2, 2015
Messenger I
Mrs. Maureen Rajnauth-Lee, March 27, 2015
Justice of Appeal
Ms. Lorna Small, October 17, 2015
Section Manager &
Second Deputy Marshal
Ms. Piary Seepersad-Ali, CMO V November 20, 2015
Ms. Evelyn Cynthia Williams, September 9, 2015
Assistant Clerk of the Peace
The Judiciary was allocated the sum of the recurrent expenditure. Expenditure and
$517,150,050 to facilitate both the recurrent Commitment as at September 30, 2015, accounted
(operational) and capital (developmental) for approximately 97% of the sums released.
expenditure for the fiscal year 2014-2015. This
allocation represents approximately 0.76% of The remaining $69,200,000, was allotted for
the total sum provided to all Ministries and capital expenditure. As at September 30, 2015, the
Departments and approximately 25% of the total sum of $51,719,223 was released to finance the
sum provided to the Judicial Sector. It represents capital projects being undertaken. Expenditure
an approximate 8.5% increase in allocation and Commitments as at September 30, 2015,
provided for fiscal year 2013-2014. accounted for approximately 94% of the sums
released. The under par utilisation of funds
Of the allocation, $447,950,050, was allotted for under the Development Programme is due to the
recurrent expenditure. As at September 30, 2015, lengthy delays experienced with the approval of
the sum of $432,220,440 was released to finance Transfers of funds by the Budget Division and
delays in the awarding of contracts by the Central
Tenders Board.
RECURRENT EXPENDITURE • To maintain accessibility to changes in As at September 30, 2015 the sum of $432,220,440
the judicial sector (access to laws and legal was released to finance the recurrent expenditure.
Approximately 86.60% of the annual allocation, subscriptions); Expenditure and Commitment as at September
amounting to $447,950,050, was allocated for 30, 2015, accounted for approximately 97% of the
recurrent expenditure. This represents an increase • To maintain our mandatory requirement to sums released.
of $19,428,986 from the recurrent allocation publish legal notices;
for 2013-2014. The allocation for this year was
utilised as follows: • To continue the initiation of young persons
to the Judicial system via the Internship
• To fulfil our obligations with respect to Programme.
remuneration to all members of staff,
including arrears to Public Officers for the
period 2011-2015;
2% 65% RECURRENT EXPENDITURE 2014/2015
• To provide security arrangements for all 9%
locations of the Judiciary;
4%
• To provide accommodation for the staff of Salary and Related Costs
2%
the Judiciary;
Operating Expenses
TOTAL PERSONNEL EXPENDITURE 160,148,100 140,571,153 190,262,760 186,345,804 203,746,530 191,305,280 180,542,200
TOTAL GOODS AND SERVICES 198,622,040 182,497,387 219,719,426 209,598,755 226,205,120 211,343,732 225,585,300
TOTAL MINOR EQUIPMENT 4,077,330 2,869,233 6,728,000 5,117,780 8,200,000 7,271,035 4,800,000
01 Commonwealth Magistrates Assoc’n 27,160 11,771 13,980 12,845 15,000 12,010 15,000
01 Judicial Education Institute 3,935,300 3,532,072 7,451,340 6,148,715 6,500,000 6,130,746 6,000,000
02 Membership Fees 30,990 11,842 30,846 5,906 33,400 4,750 25,900
03 Mediation Board 1,404,750 1,286,164 4,314,712 3,804,038 3,250,000 2,719,228 3,000,000
TOTAL CURRENT TRANSFERS & SUB 5,398,200 4,841,849 11,810,878 9,971,504 9,798,400 8,866,734 9,040,900
TOTAL RECURRENT EXPENDITURE 368,245,670 330,779,622 428,521,064 411,033,843 447,950,050 418,786,781 419,968,400
A Administrative Services
001 Development of the Judiciary Information 7,425,000 3,416,073 2,400,000 2,395,880 5,033,500 4,892,483 9,600,000
System
003 Development of Customer Centres at the 1,740,000 1,087,247 1,061,380 969,412 1,000,000 171,063 550,000
Nation’s Court Buildings
005 Family Court – Institutional Strengthening 24,565,000 22,122,286 3,007,000 2,145,154 1,700,000 965,257 1,000,000
006 Tranformation of the Court Recording 1,252,000 814,570 1,000,000 798,250 1,000,000 424,410 1,000,000
System in the Judiciary
007 Strenghtening of Records Management 1,200,000 386,626 1,500,000 730,590 1,500,000 0 1,000,000
in the Judiciary
011 Development of a Court Annexed 1,008,000 445,983 3,729,086 3,748,734 500,000 142,996 0
Mediation Process in the Judiciary
012 Implementation of the Administration of 2,935,000 2,812,381 232,119 232,082 1,000,000 0 600,000
Justice (Indictable Proceedings) Act No
20 of 2011
013 Development & Implementation of Facilities 0 0 0 0 466,500 0 2,100,000
Master Plan for the Judiciary
014 Development and Implementation of a 0 0 0 0 0 0 800,000
Corporate Brand for the Judiciary
of Trinidad and Tobago
015 Development of a Modern Governance & 0 0 0 0 0 0 1,000,000
Organisational Structure for the Judiciary
016 Lay Magistrates Pilot Project 0 0 0 0 0 0 15,000,000
Total – Administrative Services 40,125,000 31,085,166 12,929,585 11,020,102 12,200,000 6,596,209 32,650,000
F Public Buildings
001 Rehabilitation of the Hall of Justice – 8,432,000 2,289,379 3,865,893 233,905 9,237,000 6,830,242 7,900,000
Trinidad
002 Acquisition of Property 568,000 0 0 0 0 0 0
003 Refurbishment of Magistrates’ Courts 6,000,000 47,262 9,041,730 5,811,585 17,000,000 12,430,875 15,000,000
006 Restoration of the San Fernando Supreme 300,000 0 1,373,200 1,032,749 500,000 0 150,000
Court Building
008 Rehabilitation of the Hall of Justice – 2,000,000 1,451,346 908,750 788,503 121,000 114,494 115,000
Tobago
009 Provision of Accommodation for the 5,000,000 83,572 1,804,627 1,300,432 22,449,000 19,911,665 17,141,000
San Fernando Magistrates’ Court
010 Implementation of a Comprehensive 3,000,000 805,526 891,250 58,495 1,000,000 942,029 720,000
Security System in the Judiciary
011 Expansion of Rio Claro Magistrates’ Court 5,000,000 0 1,500,000 873,706 3,250,000 553,454 681,000
013 Construction of Judges and Magistrates’ 2,000,000 0 120,000 0 130,000 0 0
Housing in Tobago
015 Construction of Official Residence for 2,000,000 202,660 922,465 356,026 813,000 434,112 447,000
the Honourable Chief Justice of Trinidad
and Tobago
020 Provision of Accommodation for the 0 0 1,000,000 362,121 0 0 0
San Fernando Family Court
021 Provision of Accommodation for Court 2,000,000 1,107,730 4,500,000 4,299,762 2,000,000 999,863 1,900,000
Administration
023 Establishment of a Drug Treatment Court 500,000 0 442,500 0 500,000 0 0
Total – Public Buildings 36,300,000 5,987,475 26,370,415 15,117,284 57,000,000 42,216,734 44,054,000
SUB-TOTAL – DEV PROG 76,425,000 37,072,641 39,300,000 26,137,386 69,200,000 48,812,943 76,704,000
F PUBLIC BUILDINGS
F007 Provision of Accommodation for 3,850,000 0 1,000,000 0 0 0 0
Chaguanas Magistrates’ Court
TOTAL CAPITAL PROJECTS 90,275,000 37,072,641 44,300,000 26,137,386 69,200,000 48,812,943 76,704,000
The Honourable the Chief Justice Mr. Justice Ivor Archie, O.R.T.T.
This section of the report presents statistical data with regard to the various At the Family Court, there were 2,750 new High Court matters filed and 4,763
registries of the Supreme Court, the Family Court and the Magistracy, with Magisterial matters filed. There were also 1,586 High Court matters disposed
a view of providing an indication of the pace of litigation and the resulting and 4,769 Magisterial matters disposed.
performance of the Judiciary in the administration of justice in Trinidad and
Tobago. The two (2) main statistics indicated herein are the Number of Matters In the Matrimonial Registry 2,814 divorce cases were filed. During this same
filed and the Number of Matters determined/disposed during the 2014/2015 period, 2,253 Decree Nisi were granted, and 2,391 Decree Absolute were also
Law Term. Other comparative statistics are also provided which allow one to granted.
look at this performance over time.
Three thousand, four hundred and sixty-three (3,463) Probate applications
A brief summary of the information provided reveals that at the Appeal Court, were filed at the Probate Registry and 3,148 applications were disposed.
626 matters were filed, excluding Family and Petty Civil, while 516 were
disposed. At the High Court Civil Registry, 4,716 matters (inclusive of trial At the Magistrates’ Courts a total of 115,536 new matters were filed, while
and non-trial matters) were filed; 3,905 were disposed. 77,816 matters were disposed.
In the Criminal Registry, there was a total of 190 indictments filed, while 129
were disposed.
TABLE 1A:
APPEALS FILED BY COURT AND TYPE 2009-2010 TO 2014-2015
Table 1A indicates that there were 626 Appeals filed during the 2014/2015
Law Term. This is exclusive of Petty Civil and Family Court Appeals filed Table 1B:
(see Table 1B). This represents an increase of 13.4% in the number of matters APPEALS FILED BY COURT AND TYPE
filed at the Court of Appeal when compared with the numbers filed in the
2013/2014 Law Term. Year Appeals from Appeals from Family Court
Petty Civil Total Magistracy High Court
Continuing in the trend as previous Law Terms, Civil Appeals account for a 2014-2015 6 40 0 40
substantial number of Appeals filed, with 322 appeals or 51.4% of the total.
This is followed by Appeals from the Magistrates’ Courts with 265 Appeals or
42.3% of the total. Criminal Appeals account for 6.2% or 39 of the Appeals Table IB looks at the number of Petty Civil and Family Court Appeals. The
filed during the period under review. data shows that there was a total of 40 appeals from the Family Court – High
Court; the information also reveals that there were six (6) Petty Civil Appeals
A closer look at the matters which originated from Magisterial Appeals filed.
shows a significant increase of 33.4% in the number of appeals filed over the
subsequent period. The overall increase in Magisterial appeals emanates from
a 32% increase at Port of Spain and a 56% increase at San Fernando.
TABLE 2B:
NON-COMPLIANCE DISPOSED BY MANNER OF DISPOSITION
2009-2010 TO 2014-2015
Table 2B gives a reflection of the number of Appeals that have been
Year Total Allowed Dismissed Withdrawn disposed due to Non-Compliance during the 2014/2015 Law Term.
6-year Average 41 0 25 16
There was a total of 19 appeals disposed by a hearing of Non-Compliance
2014-2015 19 0 11 8
during the period under review, of which 11 or 58% was Dismissed and
2013-2014 54 0 26 28
2012-2013 167 0 113 54 eight (8) or 42% were Withdrawn.
2011-2012 0 0 0 0
2010-2011 0 0 0 0 The Non-Compliance disposition rate reduced by 65% during the
2009-2010 4 1 0 3 2014/2015 Law Term, as compared with the 2013/2014 Law Term. This
occurred as a result of the reduction in the number of Non-Compliance
matters disposed during the current Law Term.
TABLE 4:
MAGISTERIAL APPEALS DISPOSED BY MANNER OF DISPOSITION Table 4 examines the manner in which Magisterial Appeals were disposed
2009-2010 TO 2014-2015 during the 2014/2015 Law Term.
MANNER OF DISPOSITION
Of the 237 Magisterial Appeals disposed during the 2014/2015 Law Term,
Year Total Allowed Dismissed Withdrawn Struck Out
53 or 22.4% were allowed, 65 or 27.4% were dismissed and 119 or 50.2%
were withdrawn.
6-year Average 191 32 50 108 0
2014-2015 237 53 65 119 0 The total number of Magisterial Appeals disposed during the 2014/2015
2013-2014 155 26 42 87 0 Law Term represents a 53% increase when compared with the number
2012-2013 162 29 25 108 0 disposed during the 2013/2014 Law Term.
2011-2012 159 30 58 71 0
2010-2011 209 24 48 137 0
2009-2010 224 32 64 128 0
Table 5:
PETTY CIVIL APPEALS DISPOSED BY MANNER OF DISPOSITION Table 5 shows the manner in which Petty Civil Appeals were disposed for
the 2014/2015 Law Term. Of the three (3) Petty Civil matters disposed,
Year MANNER OF DISPOSITION one was dismissed and two (2) were withdrawn.
Total Allowed Dismissed Withdrawn
2014-2015 3 0 1 2
FIGURE 1
COURT OF APPEAL FILED AND DISPOSED
2009 / 2010 – 2014 / 2015
800
700
600
500
400
300
200
100
0
2014-2015 2013-2014 2013-2012 2012-2011 2011-2010 2010-2009
FILINGS DISPOSITIONS
Of the cases disposed, 255 were filed within the current Law Term, and
represented 51.3% of the total number of Appeals disposed. One hundred and
thirteen (113) or 22.7% were disposed within one (1) to two (2) years of filing.
The remaining 129 or 25.9% Appeals which were disposed, took over two (2)
years from the date of filing to disposition.
Overall, Civil and Magisterial Appeals are the main contributors to Appeal
matters disposed. Combined, they account for 90% of all Appeals.
TOTAL 19 0 18 0 0 1 0 0
% 100 0 94.7 0 0 5.3 0 0
Civil 19 0 18 0 0 1 0 0
Year Filings Disposed Disposed to Table 9 shows that the least number of matters was disposed during the
Filing Ratio 2014/2015 Law Term. It also highlights a decrease of 502 or 11.4% in matters
6-year Average 5,089 4,772 0.9 disposed from the previous Law Term (2013/2014).
2014-2015 *4,716 **3,905 0.8
The disposal to filing ratio of 0.8 indicates that the number of civil matters
2013-2014 *4,857 **4,407 0.9
filed exceeded the number disposed during the above-mentioned period.
2012-2013 *5230 **5,245 1.0
2011-2012 *5,228 **5,439 1.0
2010-2011 *4,935 **4,707 0.9 Table 10 A represents a disaggregation of the number of Civil Proceeding
2009-2010 *5,565 **4,979 0.9 Rules (CPR) matters filed in terms of Trial and Non-trial categorisation. Trial
matters account for 3,879 or 82.2% of all new CPR matters filed during the
* Includes Trial and non-trial CPR Matters; does not include RSC matters transferred to CPR period under review.
** Includes Trial and non-trial CPR, Transferred Matters / backlog
Non-Trial matters which are categorised as Bill of Sales, Admissions to the
Bar, matters filed under the Cooperatives Society Act and matters filed under
TABLE 10 A: the Security Industry Act accounts for 17.7% or 837 matters filed.
CPR MATTERS FILED TRIAL AND NON-TRIAL 2014-2015
Total Trial Non-trial
Table 10 B highlights that of 3,856 matters disposed during the 2014/2015
4,716 3,879 837 Law Term.
TABLE 10 B:
CPR MATTERS DISPOSED TRIAL AND NON-TRIAL 2014-2015
Total Trial Non-trial
TABLE 12:
(CPR) – NEW MATTERS FILED BY SUBTYPE 2009-2010 TO 2014-2015
CASE SUBTYPE
Personal Action
Year Total Commercial Family Land Total General Running Probate Public Co-operative Bill Other
Down of Sale
6-Year Average 5,089 1,459 70 856 1,496 718 778 204 421 111 421 51
2014-2015 4,716 1,132 89 902 1,349 694 655 190 446 75 445 88
2013-2014 4,857 1,277 51 830 1,462 725 737 189 467 108 409 64
2012-2013 5,230 1,496 69 859 1,563 696 867 219 478 150 350 46
2011-2012 5,228 1,531 89 889 1,589 759 830 231 411 62 376 50
2010-2011 4,935 1,447 59 827 1,537 749 788 202 379 76 386 22
2009-2010 5,565 1,870 60 829 1,477 684 793 192 344 197 562 34
Table 12 shows the number of civil matters filed in a six (6)- year date range with 902 matters filed, followed by Public Law and Bill of Sale which when
disaggregated by subtypes. The data also illustrates that Personal Action and combined, accounts for 18.9% of 891 matters filed.
Commercial are the two (2) major components over the last six (6) Law Terms.
Family, Probate, Corporative and Other accounts for the remaining 9.4% or
In the 2014/2015 Law Term Personal Action and Commercial matters 442 matters filed.
accounted for 52.6% or 2,481, matters filed. Land matters accounts for 19.1%
CASE SUBTYPE
Personal Action
Year Total Commercial Family Land Total General Running Probate Public Co-operative Bill Other
Down of Sale
6-Year Average 4,220 1,065 72 767 1,473 689 783 174 219 16 381 70
2014-2015 3,856 930 77 788 1,234 587 647 161 231 11 369 55
2013-2014 4,163 1,060 58 805 1,410 654 756 152 197 26 392 63
2012-2013 4,904 1,536 83 834 1,575 736 839 195 224 39 359 59
2011-2012 4,825 1,258 94 831 1,731 850 881 215 304 5 319 110
2010-2011 4,038 1,038 55 738 1,487 718 769 179 203 11 322 50
2009-2010 3,536 565 65 604 1,398 591 807 142 152 6 524 80
Table 13 illustrates the total number of new civil matters (CPR) disposed
over the last six (6) years. The data also shows the overall decrease of 7.4%
in matters disposed during the 2014/2015 Law Term when compared to the
2013/2014 Law Term. A review of the six (6)-year trends displayed in the table
above highlights the dominance of Personal Action and Land and Commercial
matters as the case subtype mainly disposed over the period.
During the 2014-2015 Law Term, these subtypes combined accounted for
76% or 2,942 Trial and Non-Trial matters disposed.
* Other disposed matters include but is not limited to those matters that were transferred between CPR and RSC.
Table 14 is indicative of the manner in which matters dealt with at the Court “Decision by Judge”: This is the instance in which the Judge officiates in a
have been disposed during the period under review. There are four broad matter and renders an outcome.
categories which encompass the general disposition outcome of a matter.
They are: Default Judgement: Default Judgement is an over the counter judgement. This
occurs when parties make an application which is usually reviewed and signed
Filing: A filing is a notice by the claimant, which indicates to the Court, by a Registrar in accordance with Part 12 and 14 of the CPR.
that they no longer wish to proceed with the matter or that the defendant
has satisfied the terms of a judgement or demand made or monies owed. According to the information displayed in Table 14, of the 3,856 matters
This is done through the filing of a Notice of Full Satisfaction or a Notice of disposed during the 2014/2015 Law Term, 2,094 or 54% were disposed by
Discontinuance. the Judges, 879 or 23% were disposed by Order by Consent; 529 or 14%
were disposed through Default Judgement and 9% or 346 via Filings. There
Order by Consent: An Order by Consent is taken when opposing parties have was a minimal amount, eight matters, disposed through “other” methods of
come to an agreement to bring their claim to an end and the terms upon disposition.
which they have agreed to end the claim.
FILINGS DISPOSITIONS
2014-2015 49 9 0 5 3 0 2 2 0 28 0
2013-2014 107 35 0 0 2 3 3 5 0 59 0
2012-2013 308 90 0 27 25 0 11 18 0 130 7
2011-2012 242 82 5 4 11 13 11 12 0 104 0
2010-2011 239 70 1 0 8 18 15 4 0 123 0
2009-2010 573 81 59 29 63 64 144 13 0 120 0
The data in Table 17 depicts the number of RSC Matters determined for the Continuing in the declining trend set out with the implementation of the
Law Term 2009-2010 to 2014-2015 and examines the manner in which these CPR, there were 49 RSC matters disposed during the period under review. Of
matters were determined. those matters disposed 28 or 57% were disposed by Notice of Full Satisfaction;
14 or 29% were Dismissed, two (2) or four per cent (4%) were Discontinued
The Civil Proceeding Rules (CPR) replaced the Rules of the Supreme Court and Settled at Trial respectively, three or six per cent (6%) of the matters were
(RSC) on September 16th, 2015. As such it was expected that the total disposed by Leave Granted to Withdraw.
number of RSC matters disposed and set down for trial would decline in each
succeeding Law Term. Consequently, there were no RSC matters set down for
trial during the 2014-2015 Law Term.
Table 19 takes a further look at the new indictments filed in relation to subtype
Table 18 gives a reflection of the number of new indictments filed at the High categorisation. The three (3) main contributors of indictments filed during the
Court over the last six law Terms, 2009/2010 through 2014/2015 in relation 2014/2015 Law Term are offences filed under the Sexual Offences Act which
to case type, Capital and Non-capital. The data highlights the decrease of 69 accounts for approximately one third of the new indictments filed at 32% or 61
or 36% in criminal indictments filed at the High Court during the Law Term matters; this is followed by the offence of Murder which accounts for 23% or
2014/2015 as compared to the previous Law Term 2013/2014. There were 44. This is followed by indictments filed and offences filed under the Offences
decreases in both the number of Capital and Non-Capital matters filed, when Against the Persons Act which accounts for 18.4% or 35 indictments filed.
compared to the previous Law Term.
Of the 190 indictments filed during the 2014-2015 Law Term, 61 or 32%
were Capital. Non-Capital indictments accounts for 129 or 68% of the new
indictments filed.
The average number of Criminal indictments filed stands at 219. This means
that the current figure (2014-2015) is 13.2% lower than the six (6)-year average.
6-year Average 98 15 83 A look of the total number of matters disposed over the six consecutive Law
**2014 -2015 129 21 108 Terms shows that the 2014-2015 Law Term had the highest disposition total
* 2013-2014 85 16 69 which is 32% higher than the six-year average.
*2012-2013 99 16 83
*2011-2012 76 7 69
NB. Matters in which the outcome was Appealed; or
*2010-2011 116 17 99 Matters in which a Retrial has been ordered: – whereby the jury after being
*2009-2010 81 13 68 given an opportunity to deliberate are unable to reach a verdict; and, a
retrial may be ordered “Hung Jury”, have not been included in Table 20.
* Figures revised as at 2014-2015 Law Term
** Provisional Figures
Subtype No. of Matters < 1 yr 1 <2 yrs 2 <3 yrs 3 <4 yrs 4 <5 yrs 5 <6 yrs 6+ yrs
Disposed 2014/ 2015 2013/ 2014 2012/ 2013 2011/ 2012 2010/ 2011 2009/ 2010 Before 2009
2014/2015
TOTAL 129 5 27 41 13 23 5 15
% 100 3.9 20.9 31.8 10.1 17.8 3.9 11.6
Sexual Offences Act 35 2 15 7 2 9 0 0
Murder 21 0 0 4 2 2 3 10
Offences Against the Person Act 27 0 6 11 3 6 1 0
Manslaughter 2 0 0 1 0 1 0 0
Attempted Murder 6 1 0 2 2 0 0 1
Firearms Act 7 0 1 3 1 2 0 0
Dangerous Drugs Act 9 0 2 3 2 0 0 2
* Other 22 2 3 10 1 3 1 2
* Other indictment Disposed includes but is not limited to Larceny offences, Forgery, Kidnapping, Perjury, Malicious Damages, Conspiracy to Defraud, Corruption, Motor Vehicle & Road
Traffic.
Table 21 displays a further analysis of the number of Criminal Indictments Seventeen (17) or 63% of matters filed under the Offences Against the Persons
that were disposed during the 2014-2015 Law Term. The data, disaggregated Act was disposed less than three (3) years after they were filed.
by subtype and year of filing shows the following:
Overall, the table shows that 56.6% or 73 matters were disposed less than
Of the matters filed under the Sexual Offences Act, 48.6% or seventeen (17) three (3) years after they were filed. These matters were mainly offences filed
were disposed less than two (2) years after filing; under the Sexual Offences Act, offences filed under the Offences Against the
Person Act and offences categorised as Other.
Of the Murder indictments disposed during 2014-2015 Law Term ten (10) or
48% were disposed after six (6) or more years after they were filed.
* Figures revised as at 2014-2015 Law Term The units of analysis with regard to the data presented thus far in the
** Provisional Figures examination of the Criminal Justice System have been the cases or
indictments. Another way in which the statistics, for the Criminal Registry
can be analysed is an examination of the judicial outcomes as they relate to the
Table 22 shows the disposal to filing ratio for Criminal cases in the High
accused person(s), (Table 23-26). It is particularly useful to make the distinction
Court.
between the person and the indictment since Every person committed for trial
During the 2014-2015 Law Term, there were 190 new indictments filed and at High Court is tried on an indictment, which contain the offence, particulars as
129 disposed, which produced a disposal to filing ratio of 0.68; the highest to the nature of the charge(s) and the name(s) and alias of the accused. Given that
Clearance Rate among all six (6) Law Terms and an increase of 0.35 over the an indictment may have multiple accused persons which may significantly
previous 2013-2014 law Term. impact the pace at which the matter is dealt with, the aforementioned tables
seek to address the issue of court performance on an indictment in relation to
The average disposal to filing ratio over the last six (6) Law Terms was 0.45. each accused identified.
NB: In the cases where an accused person is charged on multiple indictments, for
the purpose of Tables 23–26, he will be counted once for each indictment on which
his name appears.
The average number of accused persons appearing before the Criminal courts
during the last six (6) Law Terms was 1,939.
Subtype No. of Matters < 1 yr 1 <2 yrs 2 <3 yrs 3 <4 yrs 4 <5 yrs 5 <6 yrs 6+ yrs
Disposed 2014/ 2015 2013/ 2014 2012/ 2013 2011/ 2012 2010/ 2011 2009/ 2010 Before 2009
2014/2015
TOTAL 158 5 26 52 12 24 10 29
% 100 3.2 16.4 32.9 7.6 15.2 6.3 18.4
Sexual Offences Act 37 1 18 8 1 8 0 1
Murder 36 0 0 2 1 5 9 19
Offences Against the Person Act 35 0 3 16 8 8 0 0
Manslaughter 3 0 0 1 0 0 0 2
Attempted Murder 3 0 0 3 0 0 0 0
Firearms Act 10 0 1 7 0 2 0 0
Dangerous Drugs Act 12 0 2 4 1 0 0 5
Other 22 4 2 11 1 1 1 2
* Other indictment Disposed includes but is not limited to Larceny offences, Forgery, Kidnapping, Perjury, Malicious Damages, Conspiracy to Defraud, Corruption, Motor Vehicle & Road
Traffic
Table 25 displays a further analysis of the number of criminal accused persons Accused persons charged under the Sexual Offences Act, the Offences Against
against whom indictments were disposed during the 2014-2015 Law Term. the Person Act and for Murder accounts for 68% or 108 persons against whom
The data is disaggregated by the subtype and years in which these indictments indictments were disposed of during the 2014-2015 Law Term.
were filed at the High Court.
There were 158 accused persons who had their indictments disposed of during
the period under review; 83 or 52.5% of the accused persons had an indictment
disposed less than three (3) years after it was filed.
Year Total Guilty Guilty Acquittals Discontinued “The MSI enables an Accused person whose matter is on the trial list to inquire from
the Judge the maximum sentence that the judge would impose based on facts agreed
Pleas Verdicts (Charges
between the Prosecution and the Defense, about the commission of the particular
Dropped) offence(s) for which the Accused is before the Court”.
6-year Average 105 28 21 40 16 There were no MSI hearings that resulted in Guilty Pleas during the 2012-
2014-2015 158 56 33 48 21 2013 and 2013-2014 Law Terms. During the 2009-2010 to 2011-2012, the
maximum amount of MSI that resulted in a Guilty Plea was two.
2013-2014 107 25 35 36 11
2012-2013 74 21 17 27 9 In the 2014-2015 Law Term there were 17 MSI hearings that resulted in Guilty
2011-2012 70 17 12 33 8 Pleas, which accounted for 30% of the accused persons whose indictments
2010-2011 115 27 16 49 23 were disposed of through Guilty Pleas.
2009-2010 108 20 15 45 28
50
40
30
20
10
0
2014-2015 2013-2014 2013-2012 2012-2011 2011-2010 2010-2009
Table 29 reveals that in the 2014-2015 Law Term, there was an increase in the San Fernando decreased by 32% from 84 (2013-2014) to 27 (2014-2015).
total number of Decree Nisi Orders. There were, 253 orders granted during
the period under review; this represents an increase of 15% or 290 orders The table above also indicates that 2,391 Decree Absolute Orders were granted
when compared to the previous year (2013-2014). in the 2014-2015 Law Term. The figure represents an increase by 131 or 5.5%
over the preceding Law Term (2013-2014).
Of the decree Nisi Orders granted, Port of Spain accounts for 96.6 % with
2,177 orders granted and San Fernando followed with 2.5% or 57 orders Overall, there were increases in the Decree Absolute Orders granted in the
granted. There were 19 orders granted at Tobago which accounted for 0.8 % Port of Spain (Family Court) and San Fernando Registry. However, decreases
of all Nisi Orders granted during the 2014-2015 Law Term. were recorded at the Tobago Registry. Port of Spain showed an increase of
6.5% with 2,019, San Fernando 9% with 326 and Tobago showed decreases
It should be noted that Decree Nisi Orders granted in Port of Spain increased of 31.3% with 21.
by 15% from 1,841 (2013-2014) to 2,177 (2014-2015) while Orders granted at
An examination of the data in Table 30 reveals that of the 2,318 Decree Nisi
orders granted for the 2014-2015 Law Term, 93 % or 2,158 orders were granted
within one year of filing; 4.2% or 97 were granted between one (1) and two (2)
years of filing and 1.6% or 38 were determined after two (2) years of filing.
This data indicates that the vast majority of matrimonial matters for which Decree
Nisi Orders were granted, were filed within the same Law Term, 2014-2015.
Table 32 provides statistical data as related to the High Court Probate Caseload
TABLE 32: for the Law Terms 2009-2010 to 2014-2015. There were 3,633 Probate
PROBATE APPLICATIONS FILED AND DISPOSED applications filed during the period under review. This figure represents an
2009-2010 TO 2014-2015 increase of 581 or 19% when compared with the 2013-2014 Law Term.
Year Total Large Estate Small Estate The Probate applications filed in this Law Term is representative of 3,446
Filed Disposed Filed Disposed Filed Disposed applications related to Large Estates and 187 related to Small Estates.
6-year
Average 3,463 3,106 3,235 2,896 228 210 The table above also indicates that 3,148 Applications disposed during the
2014-2015 3,633 3,148 3,446 2,962 187 186 2014-2015 Law Term. This figure represents a decrease of 140 or 4.3% when
compared to the previous Law Term.
2013-2014 3,052 3,288 2,824 3,119 228 169
2012-2013 3,488 3,538 3,254 3,290 234 248 Of the applications disposed 2,962 were related to Large Estates and 186 were
2011-2012 3,921 2,820 3,650 2,573 271 247 related to Small Estates.
2010-2011 3,232 2,969 3,027 2,759 205 210
2009-2010 3,451 2,871 3,207 2,673 244 198 These figures yield a clearance ratio of 0.86 for Large Estates and 0.99 for
Small Estates.
FIGURE 5
Filed Disposed
Of the applications disposed in the period under review, 34% or 1,198 were
disposed in the year in which they were filed, 36% or 1,292 were disposed
within one (1) to two (2) years of filing and 13% or 463 were determined after
two (2) years of filing.
These findings suggest that 70% of Probate applications were disposed within
two years of filing.
Amended 99 98 1
Application Withdrawn 143 142 1
Granted 2,727 2,709 18
Grant Revoked 13 13 0
Total 2,982 2,962 20
The unwavering trust and confidence of the public and the Courts’ ability to
provide access to justice can be seen within Figure 4. From a base of 8,120 4000
cases in 2011/2012, the overall caseload fluctuated, increasing the following
year by 5% to 8,491 cases in 2012/2013, declining by 22% to 6,630 cases in
2000
2013/2014 then increasing by 15% to 7,606 cases in 2014/2015.
Matters brought to the Family High Court have grown gradually but by a 0
mere 9% from 2531 matters in 2011/2012 to 2,750 matters in 2014/2015. The Family Family Intake Intake Total
caseload of the Magistrates’ Court shows a decrease with 4,763 applications High Court Magistrates’ Referrals to Referrals
(Matters) Court Mediation to Social
in 2014/2015 being 14% lower than the 5,528 applications in 2011/2012. (Applic.) Services
However between 2011/2012 and 2012/2013 there was an increase of 4% and
Aug 11 > July 12 Aug 12 > July 13
Aug 13 > July 14 Aug 14 > July 15
FIGURE 7 FIGURE 8a
HALF YEARLY TRENDS IN NUMBERS OF MATTERS/APPLICATIONS HALF YEARLY TRENDS IN NUMBERS OF DIFFERENT TYPES OF MATTERS
BROUGHT TO THE FAMILY COURT: BY TYPE OF COURT OR SERVICE BROUGHT TO THE FAMILY HIGH COURT
5,000
1,500
4,000
1,200
3,000
900
2,000
600
1,000 300
0 0
Aug 11 Feb 12 Aug 12 Feb 13 Aug 13 Feb 14 Aug 14 Feb 15
> Jan 12 > July 12 > Jan 13 > July 13 > Jan 14 > July 14 > Jan 15 > July 15 Aug 11 Feb 12 Aug 12 Feb 13 Aug 13 Feb 14 Aug 14 Feb 15
> Jan 12 > July 12 > Jan 13 > July 13 > Jan 14 > July 14 > Jan 15 > July 15
FIGURE 8b
3,000
2,500
2,000
1,500
1,000
500
0
Aug 11 Feb 12 Aug 12 Feb 13 Aug 13 Feb 14 Aug 14 Feb 15
> Jan 12 > July 12 > Jan 13 > July 13 > Jan 14 > July 14 > Jan 15 > July 15
Maintenance Domestic
Delinquency Custody
Commom-Law Total
Relationships
Source of Referrals Aug 2011 -Jul 2012 Aug 2012 -Jul 2013 Aug 2013 -Jul 2014 Aug 2014 -Jul 2015 Total
Family High Court 102 17% 103 14% 95 16% 88 17% 388
Family Magistrates’ Court 508 83% 634 86% 489 84% 443 83% 2,074
Intake Officer (Independent) 0 0% 0 0% 0 0% 0 0% 0
Hall of Justice High Court Matrimonial 0 0% 0 0% 0 0% 0 0% 0
Total 610 100% 737 100% 584 100% 531 100% 2,462
Source of Referrals Aug 2011 -Jul 2012 Aug 2012 -Jul 2013 Aug 2013 -Jul 2014 Aug 2014 -Jul 2015 Total
Family High Court 295 32% 332 34% 270 34% 338 47% 1,235
Family Magistrates’ Court 624 67% 648 66% 500 62% 346 48% 2,118
Intake Officer (Independent) 4 0% 5 0% 26 3% 35 5% 70
Hall of Justice High Court Matrimonial 3 0% 4 0% 5 1% 0 0% 12
St. George West Magistrates’ Court 0 0% 0 0% 1 0% 7 1% 8
Tunapuna Magistrates’ Court 1 0% 0 0% 0 0% 0 0% 1
Total 927 99% 989 100% 802 100% 726 100% 3,444
Source of Referrals Aug 2009 > Jul 2010 Aug 2010 > Jul2011 Aug 2011 > Jul 2012 Aug 2012-Jul 2013 Aug 2013-Jul 2014 Aug 2014-Jul 2015 Total
Family High Court 110 49% 102 78% 192 48% 130 53% 127 42% 252 73% 913
Family Magistrates’ Court 62 28% 20 15% 150 38% 70 29% 125 41% 35 10% 462
Family Court Intake 52 23% 9 7% 57 14% 45 18% 53 17% 58 17% 274
Social Services Unit 1 0% 0 0% 0 0% 0 0% 0 0% 1 0% 2
Total 225 100% 131 100% 399 100% 245 100% 305 100% 346 100% 1,651
The role of mediation continues to be an enabling agent in the dispute resolution FIGURE 9
at the Family Court. Table 37 represents the yearly trends of the number of
completed referrals over the last four (4) Court terms. There was an increase YEARLY TRENDS IN THE CHILDREN ACCESSING DAY CARE FACILITIES BY
in the number of completed referrals from the High Court of 98% from 127 FREQUENCY AND USE
800
in 2013/2014 to 252 in 2014/2015. In contrast, there was a noticeable 72%
decline in the completed referrals to mediation from the Family Magistrates’
700
Court from 125 in 2013/2014 to 35 in 2014/2015. Completed referrals from
Intake to mediation showed a slight 9% increase from 53 in 2013/2014 to 58 in
600
2014/2015. However, the overall number of referrals resulting in completed
mediations increased by 13% from 305 in 2013/2014 to 346 in 2014/2015.
500
Figure 9 shows the trends in the number of children and youths accessing
400
Day Care facilities at the Family Court and the number of times each accessed
those facilities.
300
The number of children accessing the Child Care facilities fluctuated over the
200
last two (2) years. The total number of children accessing the child care facility
decreased by 8% from 553 to 509 between the years 2013/2014 and 2014/2015.
100
The Child Care facilities fluctuated with return business within the last year
(2014-2015), with negligible declines between 37 per cent and two per cent of
0
customers accessing the child care facility when compared to previous years Once Twice Three Times Four Times More than Total
(2011/2012-2013/2014). Four Times
FIGURE 10 FIGURE 11
YEARLY TRENDS IN THE YOUTHS ACCESSING THE YOUTH WAITING ROOM FAMILY HIGH COURT MATTERS BY MANNER OF DETERMINATION
BY FREQUENCY OF USE 2,000
1,000
800 1,500
600
1,000
400
500
200
0
Sec.47 Determined D. NISI Dismissed Finalised Struck Settled Discon- Discharge Withdraw TOTAL
0 Granted Out tinued
Once Twice Three Times Four Times More than Total
Four Times Aug 11 - Jul 12 Aug 12 - Jul 13 Aug 13 - Jul 14 Aug 14 - Jul 15
FIGURE 12 FIGURE 13
FIGURE 14
Aug 2011 > July 2012 Aug 2012> July 2013 Aug 2013> July 2014 Aug 2014> July2015 Total: All years
FAMILY HIGH COURT (Matters) column % #
Another set of performance measures monitored closely by the Family Court as of July 31, 2015; the Family Magistrates’ Court had 10,691 applications
are related to the size and nature of the courts’ inventory of pending cases as pending. This represents 27% of all applications that have been filed in the
illustrated in Table 38. At the end of the most recent year of operation (July Family Magistrates’ Court. Similarly to the High Court, 45% of these pending
31, 2015), the Family High Court had 4,809 matters pending. This represents applications had a hearing in the most recent fiscal year. These matters are
25% of all matters that have been filed in the Family High Court. In addition, receiving the active attention of the Court and they are not, in this context, a
44% of these pending matters had a hearing in the most recent fiscal year. A source of main concern.
situation of very similar level possibly exists in the Family Magistrates’ Court,
TABLE 39
NEW CASES FILED BY YEAR AND TYPE 2009-2010 TO 2014-2015
* **
Non ** Domestic Petty Private Ejectment Inquests
Year Total Capital Capital Family Violence Traffic Civil Summary
6-year
Average 113,675 116 23,803 15,209 11,129 49,804 1,436 11,337 503 339
2014-2015 115,536 113 24,312 13,635 9,284 56,744 1,115 9,666 352 315
2013-2014 125,166 71 23,963 14,658 10,389 64,452 1,020 9,996 397 220
2012-2013 130,872 84 23,297 15,755 11,382 65,298 2,691 11,428 595 342
2011-2012 116,903 94 25,776 15,163 11,627 50,694 1,190 11,511 478 370
2010-2011 104,155 146 23,284 16,063 11,984 38,168 1,497 11,993 617 403
2009-2010 89,416 187 22,187 15,982 12,106 23,465 1,105 13,426 577 381
* Indictable, Summary and Indictable cases heard summarily Table 39 looks at the number of new matters filed over the past six (6) Law
** Applications under the Status of Children Act (1981), and Family Law Terms by year and subtype. The new cases filed in the 2014-2015 Law Term
(Guardianship of Minors, Domicile and Maintenance Act) stands at 115,536, a decrease of approximately eight per cent (8%) or 9,630
*** Cases not brought by the police but by private individuals from the previous Law Term (2013-2014).
The table above also highlights the decreases in all case types with the
exception of Petty Civil, Capital, Non-Capital and Inquest. These case types
show increases in new matters filed of nine per cent (9%) (Petty Civil), 59%
(Capital), 1.5% (Non-Capital) and 43% (Inquest).
Table 40 gives a representation of the number of cases disposed by year and The decrease in matters disposed is particularly noticeable in the case types
case-type for the last six (6) Law Terms. The data shows that the total amount Non Capital which decreased by 12.8% or by 2,245 matters. Petty Civil matters
of matters disposed during the 2014-2015 Law Term was 77,816, which is a decreased by 19.5% or 145; Inquest matters disposed decreased by 41% or 34
decrease of 7.2% or 6,006 cases disposed over the previous Law Term (2013- and Ejectment matters disposed decreased by 29.6% or by 138.
2014).
The overall disposition to filing ratio of 0.66% indicates an accumulating
backlog of cases to be disposed.
DISTRICT
01/08/2014 **
to Non ** Domestic Petty Private Ejectment Inquests
31/07/2015 Total Capital Capital Family Violence Traffic Civil Summary
Table 41 presents information on the number of new matters filed that have The information also shows that the main subtype contributor to new matters
been filed at the Magistrates’ Courts during the 2014-2015 Law Term. The filed during the period under review is Traffic, which accounts for 49% or
statistical information disaggregated by Court districts and case-types show 56,744 matters disposed; this is followed by Non-capital matters with 21% or
that there are four (4) districts combined that account for approximately 52% 2,4312 matters filed.
or 60,313 new matters filed. These districts are Arima, Chaguanas, St. George
West and San Fernando (Madinah Building). Capital, Domestic Violence, Petty Civil, Private Summary, Ejectment and
Inquest combined accounts for 18% or 20,845 new matters filed.
DISTRICT
01/08/2014
to Non Domestic Petty Private Ejectment Inquests TOTAL
31/07/2015 Capital Capital Family Violence Traffic Civil Summary
Table 42 looks at cases disposed by court district and case-types. Across all In terms of matters disposed by district, the main contributors to the 2014-
Magisterial Districts, the major subtype contributors to matters disposed 2015 Law Term are St. George West with 14,629 or 18.8% of matters disposed,
during the 2014-2015 Law Term are Traffic matters which accounts for 41.7% Chaguanas with 8,660 or 11.1% of matters disposed and Arima with 8,129 or
of all matters disposed, with 32,441 matters disposed. This is followed by Non- 10.4% of matters disposed.
capital with 19.6% or 15,359 matters disposed and Family with 15.9% or 12,359
matters disposed.
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FILED DISPOSED
The units of analysis with regard to the data presented thus far in the
examination of the Magisterial Justice System have been the cases. Another
way in which the statistics for the Magisterial Districts can be analysed is an
examination of the outcomes as they relate to the person(s) who have matters
before the Magistrates’ Courts as it relates to Summary offences, Indictable
Offences that are heard summarily, Civil Matters, Family Matters or Traffic/
Tickets Matters.
NB: 2 Data for Tobago Magistrates’ Court and San Fernando Magistrates’
Court not included in Tables 44 and 45
Order
Magisterial Found Pleaded Found Committed Made/ Application Committed
Districts Not Guilty Guilty guilty to Stand trial Granted/ Approved/ to a Home/ Dismissed Other Total
Discharged Withdrawn Institution
Table 45 represents the number of persons who had a matter or offence persons who had their matters or offences disposed during the period under
listed for hearing before the Magistrates Court and disposed during the 2014 review.
– 2015 Law Term by manner of disposition. The table shows that person(s)
who had their offence(s) or matter(s) Dismissed, accounts for 48.7% or 34,201 A look at the Magisterial Districts shows that St. George West, Chaguanas,
disposals. Arima and Sangre Grande Magistrates’ Courts combined accounts for 42,000
or 60% of all persons who had their matters or offences disposed of during
The information also shows that Application Approved/Withdrawn and the 2014-2015 Law Term.
Pleaded Guilty respectively accounted for 23% or 16,120 and 18.3% or 12,854
Printing – SCRIP-J