DOMINICA-Lawyers raise concerns over reintroduction of night courts.

ROSEAU, Dominica, CMC – The Dominica Bar Association (DBA) says. At the same time, it acknowledges the efforts to reduce the case backlogs, but it has “serious concerns” about the impact of the decision to reintroduce night court sittings in the country.

In a statement, the DBA said that it acknowledged the recent directive of the Ministry of Legal Affairs introducing nightly Magistrate Court sittings for seven hours, four days a week, but has “serious concerns about the impact of this initiative on court users and practitioners”.

It said that extended evening hours may create significant challenges for several groups. These include rural residents, for whom returning home late at night may pose safety, cost, and transportation difficulties. Additionally, women and parents with caregiving responsibilities may be unable to participate fully in hearings scheduled during evening hours.

“Further, requiring/requesting parents/guardians to be away from their children at a critical time in the evenings and after a full day’s work may prove to be an unnecessary strain on the home,” the DBA said, noting also that “accused persons held in custody, who may face extended periods of detention during the day while awaiting night hearings”.

It said that the initiative may also not be beneficial to vulnerable individuals, such as older people and persons with disabilities, for whom late-night hearings may be particularly burdensome. It noted that “we have already received complaints from some elderly litigants about the inconvenience of night court, given their limited mobility.”

The DBA stated that legal practitioners and support staff may find it impossible to provide services during extended hours due to family obligations. Additionally, employers whose employees are required to attend court on their behalf may need to pay overtime for court attendance beyond regular work hours.

Last month, the National Security Minister Rayburn Blackmoore announced that night court would be reintroduced here from September 8, noting that he believes that the “court should operate in a way that allows for greater flexibility and that will provide people seeking to access the court actually to settle grievances.

“Whether it is civil or criminal, [they] ought to be able to be accommodated irrespective as to what type of work they do, where they actually reside,” Blackmoore told a news conference, adding that he also believes “the issue of introducing night court, and let me just put [it] on the record, for everybody to understand, it is not something that is ne.

”We look at all the logistics that need to be considered and to move forward, and I believe that the time is now, there shall be night court,” he said, adding, “we have to be steadfast and to ensure that all the players with the respective roles to be played do so in the most efficient manner.

“Night court is working in other countries,” he told reporters.

But in its statement, the DBA said it is greatly concerned about the “absence of meaningful consultation with the Bar, affected court users, court staff, and the public before the implementation of night court.

“Such consultation is critical to ensure that measures designed to strengthen the justice system are workable, fair, and sustainable, and would not result in persons being casualties of the system. Upon an inquiry by the Bar to the Ministry as to whether a feasibility study was carried out, a clear answer was not returned.”

The DBA said that its concerns raised possible constitutional and administrative challenges to the implementation of the night court, which could have been averted.

”Importantly, it is noted that the Magistrates Court is not operating to its full capacity during the daytime hours; that is to say, there is not a full complement of magistrates on staff, and all available courtrooms are not being used. There is no overflow for a night court.”

The DBA said that several alternatives exist that could achieve the Ministry’s goals without imposing such burdens.

It said these include the recruitment of additional magistrates so that the court operates at full capacity during daylight hours; staggered day sittings to make better use of court time; strengthened case management practices; and consent-based or opt-in evening listings.

”The Dominica Bar Association, therefore, calls for the suspension of the current implementation plan pending full consultation with the Association and other stakeholders,” it said, adding that its concerns have been communicated to the Ministry of National Security and Legal Affairs.

“We remain committed to working collaboratively with the Ministry to develop solutions that enhance efficiency while ensuring that justice remains accessible and equitable for all. The Association looks forward to engaging in constructive dialogue with the Ministry on this important matter.”