–in helping make appropriate decisions

By Wendella Davidson
THE role of social workers in the lower judicial system is critical, and a clarion call has been made for the presence of such officers in the courts of the Georgetown Magisterial District.
The invaluable service they provide in helping magistrates make appropriate decisions and referrals in cases of domestic violence and matters involving children before the courts was underscored by Magistrate Leron Daly in a presentation at a recently held capacity-building workshop for gazetted social workers organised by the Ministry of Social Protection.
Magistrate Daly, who presides in Georgetown, said magistrates hear only the edited version of a matter, which is after the matter will have been presented by the police, and the witnesses will have had their say.

“As we sit on the bench, we lack the insight; sometimes the understanding and the perspective, as far as the mental state of the parties involved with a case[is concerned]. There is where you come in, and that is how you assist us,” Magistrate Daly said.
“You help us to a wider view of what is happening. Magistrates sit as an arbiter of facts and law. We interpret the law; we apply the law, but sometimes we need to have a wider view. We need to have an understanding of the mindset of the perpetrators; we need to have an understanding of the mindset of the victims, and that is how you help us,” she told the gathering of social workers attached to government ministries and agencies and non-governmental organisations.

BEST POSSIBLE DECISION
According to her, the goal of magistrates, as judicial officers, is to make the best decision they can possibly make, and to do the least amount of damage, which, in some cases, can be very tricky to accomplish, given the delicate nature of the situation.

Their goal is to also make decisions that are in the best interest of not just the victims, but the offenders as well. Noting that there are instances whereby the defendants can be rehabilitated, she said, “So we need to hear you, so that we can have a perspective. Your role is not investigative; I understand you are not the police, but you are there to help us to understand the mental and physiological mindset of the parties.”

Throughout her presentation, Magistrate Daly made it a point of impressing upon participants how important their services are to the lower courts in particular, especially where matters pertaining to domestic violence, sexual offences, and juvenile offences are concerned. But the list does not end there, she said, as their services are also needed in matters related to maintenance, access or visitation orders, to present pre-sentencing reports in summary jurisdiction offences, and just about anything to do with criminal law matters, she told the mixed group of officers from the school welfare system, the Georgetown Public Hospital Corporation (GPHC) and from NGOs who work with children, families, and vulnerable groups.