Rising Workload Of The Courts

The coincidence of the launch of the second annual report of the Courts Service and the publication of headline crime figures…

The coincidence of the launch of the second annual report of the Courts Service and the publication of headline crime figures for 2001 is timely. The Courts Service report already indicated a 50 per cent increase in criminal cases coming before the circuit courts, and this trend was reinforced by the news that the overall level of reported crime rose by 18 per cent last year, with an alarming increase in the number of physical assaults, sexual assaults and murders.

The Minister for Justice has pledged sufficient resources to ensure that the criminal justice system is able to deal with crime. While referring specifically to the Garda Síochána, he also spoke yesterday of continued Government support for the development of the Courts Service, set up on an independent basis two-and-a-half years ago.

The rule of law is a cornerstone of democracy, and a courts system that is open, transparent, accountable, even-handed and efficient is essential to the rule of law. Members of the judiciary have also jealously, and correctly, guarded that independence from political interference. However in order to operate with true independence judges need to be sure that the court system runs smoothly and that they have sufficient logistical support.

The second annual report of the Courts Service provides an insight into the workings of the system. It shows that it is still creaking in some places; there are delays especially in criminal cases coming to trial, average waiting times for other cases vary from six weeks to 15 months in different circuit courts. Significant improvements in the workings of the system are also reported.

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The ethos that pervades the report is that of respect for court users, be they full-time officials, once-off litigants, victims of crime, or, indeed, those accused of crimes. Court buildings around the State are being refurbished to ensure that family law litigants have privacy to conduct their business, that those accused of crimes are not paraded in handcuffs, and that there are facilities for organisations like Victim Support.

The statistics in the report speak for themselves - a 38 per cent increase in the number of orders issued by the superior courts, a 50 per cent increase in district court family law cases and an overall increase of 15 per cent in matters coming before the courts. A staggering 750,000 matters were dealt with by the courts last year.

Such statistics remind us that, while dealing with crime is an enormously important part of the work of the courts, it is, statistically, only a small part. The administration of justice touches on many aspects of people's lives, and not just on the lives of those unfortunate enough to be the victims of crime, or its perpetrators.

Citizens depend on the court system if they are victims of family violence, if they are injured or abused, if they are involved in accidents, if they are unfairly treated in business or at work, and in a host of other circumstances. When the question of resources available to the Courts Service is discussed, it is important that the understandable concern about the rise is crime does not distract from the vital need for a courts system that works well for everyone.