Chief Justice Ian Kawaley formally opened the legal year, saying Bermuda’s judicial system has proven resilient in the face of challenges.

Addressing a gathering in the Supreme Court yesterday, Dr Justice Kawaley noted that this year marks the 400th anniversary of the first sitting of the Court of General Assize in Bermuda.

While he said the Bermuda Government has continued the “longstanding Bermudian tradition” of dismissing the judiciary’s requests for “rational accommodation arrangements” and greater autonomy, he said the judiciary remains healthy.

“The best available evidence of the health of the Bermuda judiciary over the last 400 years suggests that the patient is a distinctly robust and adaptive organism which survived numerous potentially life-threatening events over the years,” he said.

“It may well take what football commentators, describing a jarring but legal collision between two players, euphemistically refer to as a ‘coming together’ between the judicial and executive branches of government to resolve some of the most pressing concerns.

“Overall, I am optimistic that solutions for our most pressing problems will be found long before the wheels come off the judicial bus.”

Dr Justice Kawaley also placed emphasis on the increased focus on restorative justice, noting that traditional indigenous law from Sub-Saharan Africa, the Americas and Australasia is now being adopted to tackle modern problems.

Senior magistrate Juan Wolffe, meanwhile, said that budgetary constraints had routinely hampered efforts to carry out justice.

“While we thoroughly understand that every effort must be made by government departments to closely monitor and if need be curtail expenditure, one cannot put a price on the proper administration of justice or reduce justice to a line item on a financial statement,” Mr Wolffe said.

He noted that Magistrates’ Court dealt with 26,971 case events in 2015, a ten per cent increase in court activity since 2014.

“As a result, our already depleted resources were stretched almost to the breaking point and, but for the dedication and commitment of Magistrates and Magistrates’ Court staff, the breaking point could have easily been surpassed,” he continued.

“Sadly, the prognosis is not favourable. With the recent enactment of the Criminal Jurisdiction and Procedure Act 2015 and the Disclosure and Criminal Reform Act 2015, coupled with imminent plans to increase the civil jurisdiction of the Magistrates’ Court, we anticipate an exponential rise in case events in 2016 and going forward.

“For us to effectively and efficiently deal with such increased demands, the Magistrates’ Court needs and will need adequate resources, both human and capital, so that it may fulfil its mandate of ensuring the proper administration of justice.”

Attorney General Trevor Moniz said the judicial system is undergoing a “sea change” with new legislation to improve efficiency and ensure justice.

“That was precisely the intention behind them,” he said.

“The effectiveness of these reforms requires that members of the bench who preside over criminal trials take full advantage of these new tools. “Criminal defence lawyers and prosecutors also have a role to play in assisting with the implementation of these measures.

“As many of you know, the written law is inherently limited in what it can do to achieve this on its own.

“The rest is up to us in our respective capacities as adjudicators, practitioners and administrators. In addition to strict adherence to the law, we must take into account the interests of criminal defendants, the victims of crime, the taxpayers and the general public.

“These are the important stakeholders in an efficient and effective criminal justice system.”

Mr Moniz said further reforms are in the works, such as new measures to address the Island’s high level of incarceration.

He noted that the ministry was looking into amending the current caution policy, along with examining the possibility of fixed penalty notices for some minor offences.

“First and foremost, we must ensure that the administration of justice is not unduly compromised by these times of continuing financial austerity in spite of promising signs of recovery,” Mr Moniz said. “Extensive reforms are now in place to allow for more efficient judicial processes.”