THE establishment of the night court to address the backlog of cases, some languishing for years, is a welcome sign that, at last, the society is conscious that justice delayed is justice denied.While the society is aware that this court came about after the loss of 17 lives in an overcrowded and congested prison that had inadequate facilities, and the refusal over the years to act on recommendations emanating from several Reports, it has to be seen that the various groups in the administration of justice are prepared to put systems in place to ensure that never again must this happen to citizens who are under the care of the State.

As the introduction of this new facility is being put in place, the nation’s priority must be centred on the benefit that the people can collectively derive from same. In the society’s effort to ensure justice, emphasis must be placed on addressing accusations made against any individual or group, and same must be dispensed with with alacrity and in a just manner. Night court ought to be the first step in improving the administration of justice, for there are a number of measures that can be considered in reducing the backlog, addressing penalties, and assisting prisoners with reintegration into the society after long periods of incarceration.

There are penalties on the nation’s statues that may not be in consonance with what is taking place in this society and the world over. Even as the nation marks 50 years of political independence, there remains work to be done in the development of laws consistent with our economic, social and cultural realities.
For instance, there is legislative work to be done to create a modern parole system that takes into consideration the building of inmates’ capacity to subsequently reintegrate into society with required skill-sets and social services guidance to lead sustained and productive lives.

The intent of the night court is not only to reduce backlog, but to also create a positive impact in the lives of citizens and the society at large. Thus the training of a cadre of competent parole officers, buttressed by a competent team of social work professionals working together in collaboration with other networks can help in making the court’s intent a reality. The court is not only there to say, “a second chance is given, go and sin no more.” Other institutions and services are needed to assist the court in its thrust towards ensuring a society in which justice and fair play are hallmarks.

The court in itself cannot stand alone, given that the prison population includes first offenders and repeaters who are members of society. It is said that circumstances at times contribute to criminal activities, and while some may be first offenders, they return to a life of crime because of the absence of support services that can assist their survival within the framework of the laws.

It is interesting to note that, on the issue of drugs, it has been shown that the trafficker in 50kg of cocaine attracts the same penalty as one caught smoking marijuana. What may be absent are institutions and laws that can help in interpreting the problems that confront the court, so that the decisions made are more societally driven.

Another factor is that some offences, once considered criminal today, fall within the realm of rights and choices, and it is time they be reviewed toward decriminalising.

This society, having emerged from the colonial era, has since developed its own value system. And while there may be laws inherited from that period, it ought to be remembered that those laws were developed and instituted in a bygone era. This is even moreso with the advancement of the right to self-determination that independence brought, and Guyana being a member of international institutions that have established declarations, conventions and charters. These advancements and values need to be enshrined in local laws, and need to be reflected in the justice system.

The night court must be given every support to make sure it succeeds. Resources must be made available in every facet of its work. This is a novel idea within recent times, to give the justice system an opportunity at modernisation. The failure to make this court work will be seen as a reflection that the society is lacking the will and commitment to take its rightful place in the 21st century.