Interviews with Magistrates(one each district) | ||||||
Interview Date | 02.12.2013 | 27.11.2013 | 28.11.2013 | 30.11.13 | ||
Q. No. | Questions | Comilla | Gopalgonj | Madaripur | Mymensingh | Rangpur |
1 | For how long does the court sit each day? | 4 - 6 hours | 6 -8 hours | 4 - 6 hours | 6 -8 hours | |
2 | How many cases do your magistrates deal with in an average day? | 50 - 100 | 50 - 100 | 200-300 | 100-200 | |
3 | What proportion of cases do you think are false? | Few | Many | Some | Not applicable | |
4 | What is the average time it takes to complete a criminal trial, from start to verdict? | 1 - 2 years | 1 - 2 years | 6 months to a year | Time varies based on the merit of the cases | |
5 | What proportion of accused are represented by a lawyer at trial | Most | All | Most | Most | |
6 | What proportion of accused are women? | 5 - 10% | less than 5% | 5 - 10% | less than 5% | |
7 | What is the main offence for which women face trial? | Under the sections- 406, 420, 379, 323, 326, 307, 302 of the Penal Code. | Narcotics-related offense, dowry claim offense, theft | Fraud, narcotics, dowry | Narcotics, Murder | |
8 | Do you apply the Children Act of 2013? | Yes | Yes | Yes | Yes | |
9 | If yes, have you had any training on how to apply the Children Act 2013? | Don't know | No | Yes > Juvenile courts & children act |
No | |
10 | If you are not applying the Children Act 2013, why not? | Not suitable question | Not applicable | Not applicable | ||
11 | What proportion of trials end in a Guilty plea | Very few | Very few | Very few | Very few | |
12 | What proportion of trials are compounded? | If the case is compoundable, then we do compound. | less than half | less than half | ||
13 | Is there a mechanism for pre-trial review where prosecution and defence can discuss plea, evidence and witnesses? | If plaintiff and defendant wants. | Never | Frequently | No | |
14 | If Yes: in the last 12 months, in what kinds of cases has this been used? | In last 12 months this type of mechanism was not adopted. | N/A | NoS (Dowry), sections 323-326,420,406 of penal code | Not applicable | |
15 | If No:Would such a pre-trial hearing help in managing the caseload? | Yes | Yes | No | ||
16 | What is the average number of adjournments per case? | 25 times | 10 to 25 | Time varies based on the merit of the cases | ||
17 | What is the main reason for adjournments/postponements? Do NOT read answers | 1.
Non appearance of witness 2. Non appearance of lawyers 3. Non appearance of PP 4. Application by lawyers 5. Application by PP |
1.
Non appearance of witness 2. Non appearance of lawyers 3. Non appearance of PP 4. Application by lawyers 5. Application by PP |
1.
non appearance of lawyer 2. non appearance of witness |
1. Non appearance of witness | |
18 | In what year was the oldest live case registred? | 2002 (only 1) | No cases seen before 2007 | 1999 | ||
19 | Is there a mechanism for the judiciary, police, prisons, prosecutors, Bar, NGOs to meet regularly to discuss the local justice situation? | Yes > Discuss about judicial conference. |
Yes | Yes | No | |
20 | Is there an inspection mechanism supervising the work of the courts? | Report to High Court | Yes > Through inspection |
Yes > the judges of higher court visit the courts |
Report to High Court | |
21 | What are the most important challenges in the criminal justice system from your point of view? | 1.
Delay in investigation 2. Lack of police personnel 3. Non appearance of witness in due time 4. Can not bring the witness before the court 5. Failure to submit the evidence before the court |
1.
Lack of judges and courts. 2. No option to compound in court. 3. No option to compensate the plaintiff. 4. Tendency of lawyers to lengthen the cases 5. The prosecutor should be a government officer. 6. The prosecutors are reluctant to make a hearing in GR cases. (GR = General Register) |
1.
A coordiantion and development relationship among judges+court staff+ lawyers
and police should be introduced. 2. Police should take more effective steps to bring the criminals and witnesses before the court. 3. To complete the investigation expeditiously and to submit the investigation report immediately. 4. The assistant attornies should be more responsible. |
1.Failure
to appear the witness 2. Lawyers are not friendly 3. Judges number is inadequate compare to cases |
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