…opens criminal assizes in Demerara, Essequibo

THE Supreme Court of Judicature has extended and updated its COVID-19 Emergency Directions with additional matters considered as urgent and fit for hearing. Simultaneously, it has announced the opening of the May Criminal Assizes in Essequibo and the June Criminal Assizes in Demerara.

In a June 3, 2020, gazetted Order, the Supreme Court stated that the updated measures took effect from May 25, 2020 and will last for a one-month period. It follows the first gazetted Directions on March 23, 2020 and updated notices on April 3, 5 and 23.

According to the Order, matters related to children, bail applications, injunctions, applications for stay of execution, application for grants of probate and letters of administration, applications for absolutes of divorce, landlord and tenant cases, guilty pleas in traffic cases, and new charges in the magistrates’ courts, can be deemed urgent and fit for hearing.

They join those previously established, which include custody applications, domestic violence and related matters, maintenance applications, habeas corpus applications, Public Health Ordinance, Cap. 145, applications for extension of time to detain persons, matters related to the National and Regional Elections, matters under the Interception of Communications Act, Cap 47:03 and curfew-related matters.

The hearing Judge or Magistrate will determine whether a matter or application is urgent or deemed fit for hearing and requires a hearing, during the one-month period.

Meanwhile, under the matter of criminal trial Assizes, the January, 2020 session of the Demerara assizes is extended until the completion of the pending criminal trial.

The May 2020 Session of the Essequibo Criminal Assizes and the June, 2020 Session of the Demerara Criminal Assizes are open while the June, 2020 Session of the Berbice Criminal Assizes will open on June 16, 2020.

“With the exception of the pending trial of the Demerara Assizes, jury trials continue to be suspended during these sessions until further notice. Notwithstanding the suspension of jury trials, where a prisoner indicates an intention to plead guilty, such plea will be taken in these Sessions and dealt with according to law,” the Order states.

It should be noted that jurors summoned for the Demerara, Berbice and Essequibo Assizes are not required to attend court until notified by the Registrar of the Supreme Court.

While the previous guidelines for Court Settings remain, regarding Statute of Limitations and Time-bound Filings, a guideline has been added that, whereby appeals are required to be filed pursuant to Rules of Court, such can be filed notwithstanding that they are not urgent matters.

At the Court of Appeal, all in-person hearings for Chamber and Full Bench matters continue to be suspended during the one-month period, and hearings of all matters will be conducted remotely.

However, where hearings are to be conducted remotely, attorneys-at-law must file and exchange written submissions within 4 days of the date set for hearing or within such time as may be ordered by the Court.

For High Court civil trials, in-person hearings continue to be suspended, subject to the decision of the hearing Judge. The trial judge shall also decide how all pending civil matters in the High Court in Essequibo, Demerara and Berbice will be case-managed and heard.

However, urgent matters, as well as other matters deemed fit for hearing by the Court, will be heard during the one-month period.

In the case that in-person trials or urgent hearing are considered necessary, these will be curtailed to the minimum period of time necessary. Before the hearing date, written submissions, speaking points and addresses as directed by the Judge must be submitted to the Court and the hearing judge will determine the duration of the trial or hearing. Where possible, hearings will be conducted by electronic means.

Where parties have arrived at the settlement, whether through mediation or otherwise, and may wish to have judgment entered during this period, application may be made to the hearing Judge for the terms of settlement to be reviewed and made an order of court.

The offices of the Magistrates’ courts will be open to the public from 8:30 a.m. to 12:30 p.m. on specific days based on a timeline provided and filing for all urgent matters or other matters fit for hearing must be done based on the timelines.

Where such matters are required to be filed on a day the courts are closed, contact can be made with the Clerks of Court for the relevant magisterial districts. Along with other guidelines for the magistrates’ courts, all Coroner’s Inquests will remain suspended for the period.

Attorneys-at-law and self-represented litigants need not attend court to request adjournments as these will be communicated via email. Media representatives wishing to cover matters in court may contact the Registrar of the Court and clerks first for permission

Where it is necessary for in-person hearings to be conducted, all health and safety measures as outlined must be strictly observed. This must see all persons entering a court compound or court wearing a mask or face covering; submitting themselves to temperature checks and sanitising their hands with an alcohol-based sanitiser or via handwashing.

Those who do not comply; those whose temperature exceeds 98.6 degrees Fahrenheit and those displaying flu-like or COVID-19 symptoms will not be permitted to enter.