The Justice System Review was commissioned in February 2004 by the Attorney General of Bermuda, Larry Mussenden in the hope that the report would lead to action that would improve Bermuda?s justice system.

Norma Wade-Miller, Ian Kawaley, Saul Froomkin, Rod Attride-Sterling, Victoria Pearman, Philip Perinchief, Lorraine Welch and Juan Wolffe contributed towards the report which was presented to the Government on April 29, 2004.

In a brief summary of the recommendations for dealing with the criminal case backlog, four of the eight which have been, or are in the process of being implemented include:

The Chief Justice issued a Practice Direction in relation to the listing of Supreme Court trials.

The Chief Justice appointed a Deputy Registrar with responsibility for listing matters in the Courts, particularly criminal trials and this has resulted in many more criminal trials being head than before.

The Chief Justice has circulated a memo requesting lawyers to assist in criminal matters under the legal aid scheme. This was done in order to helping to reduce the backlog.

Funding has been provided to appoint two full-time Supreme Court Judges. The Court regularly hears two Supreme Court criminal trails at a time weekly.

Eleven recommendations were made to improve the efficiency of the courts and six of these have, or are in the process of being implemented, including:

The transcription service which is now being used in courts. The records of the Supreme Court are also being used in the Court of Appeal. The system is so successful that the Judiciary are now considering brining in Rules to allow for only the Summation to the jury and relevant parts of the evidence be transcribed in order to save the whole trial being transcribed. Those Rules are intended to be brought into the third term of the Session.

The Judiciary has hired a full-time Information Systems Officer to develop online computer capabilities in all relevant areas. The Project team has met and developed the plans to have the Cause book online for a fee accessed by mid-year.

The Magistrates? court has had its hours extended by not closing over lunch time. Since the public uses the lunch hour to run errands and pay bills, the simple change has helped everyone.

The Magistrates? courts payment systems have been improved so that they now accept debit/credit cards. This removes the need to have an ATM machine in the lobby of the court, but it extends a huge help to members of the public who must have access to their funds to pay their fines.

The Attorney-General is working on having a new Supreme Court complex built at the old fire station premises. A Committee has been formed recently that will examine the various ways to fund the building of the new courts. The Committee will comprise government officials and private sector lawyers to advice the Attorney-General on this project. In relation to a new Police Station and Hamilton Magistrates? court, funds have been committed to commence building this year.

The Chief Justice has established regular meetings in the Judiciary. He has also set time limits for delivery of civil judgements.

On improving the efficiency of the courts, eleven recommendations were made, six of these have already been implemented, or are in the process of being implemented, including:

The Traffic Working Group consisting of members of the Ministry of Tourism and Transport, the Department of Public Prosecutions, the Attorney-General?s Chambers, the Bermuda Police and the Magistrates Court have done extensive work on this recommendation. It is intended to bring this legislation as soon as practicable.

The Bail Bill has been drafted and is ready to be tabled in the third term along with the PACE Bill. This Bill will also mark a significant event in the criminal justice system that will change the manner in which people are dealt with when they are in custody of the courts or Police.

The Criminal Code Amendment (No 2) Act 2004 increased the sentencing powers in the Magistrates? court for a range of violence and weapon offences. It also created Increased Penalty Zones for violence for example at sports grounds, similar to the Misuse of Drugs Act.

The PACE Legislation will be tabled in this term. This could be the most important piece of legislation to be enacted in the area of Bermuda?s justice system and will revolutionise the method of policing in balancing the right of Police and the accused.

The Inter-Departmental Criminal Justice System Committee has been established with all the stakeholders involved to identify and implement improvements in our criminal justice system.

Special Juries were abolished in the first term of December 2004.

On recruitment and promotion, five recommendations were made. Only one of these is in the process of being implemented ? the same as that of judicial training in which the Chairman of the Committee, Mrs. Justice Norma Wade-Miller is developing the concept of the Justice System Training Institute.

Four of the five recommendations concerning Civil Law reform have been implemented including:

The Chief Justice is in the process of amending the Rules concerning English CPR,

As well as the Rules of Court.

The Chief Justice has retained two more Supreme Court Judges that will allow the courts to use some judges for commercial court. However, the Minister of Justice is actively seeking a location for a commercial division until a new Supreme Court complex is built.

The civil jurisdiction of the Magistrates? court have been increased to enable a larger range of small claims to be dealt with less formerly and less expensively in the lower courts.

Lastly, the Chief Justice and the Ministry of Works and Engineering are working on upgrading security measures in relation to the courts.