Interviews with lawyers (Pros and Defence) and police prosecutors one at each court Defence Prosecution Prosecution Prosecution Police Prosecutor  Prosecuton Prosecution Defence Police Prosecutor)
  Interview Date       26.11.2013 26.11.2013 26.11.2013 30.11.2013 02.12.13 03.12.13
Q. No. Questions Comilla
Gopalgonj Madaripur
Mymensingh
Rangpur
1 When does a prosecutor first review a case file? Before the charge is laid Before the charge is laid Gets documents after framing the charges. After the charge is laid After the charge is laid   Trial date set Trial date set Trial date set
2 When did you first meet your client? A week before trial  A week before trial  I don't need to meet with clients because I am public prosecutor. days before trial  Police Prosecutor transfers to P.P after framing of charges i.e. before trial. days before trial Weeks before trial  When the trial starts days before trial
3a How many cases do you have today? (Prosecution)   1 case 60 18 Cases   30 5   1
3b How many cases do you have today? (Defense)           N/A   7
>No witness is here today.
 
4 Is there a mechanism for pre-trial review where prosecution and defence can discuss plea, evidence and witnesses? No No Depending on both sides, if both sides want to then it will happen. No No Never Yes
>Rarely
During the argument when the statement is taken under section 342 of CRPC and if the prosecutor is cordial. Never
>Here the plaintiff is not heard properly. But it should be introduced for proper investigation and justice
5 If No:Would such a pre-trial hearing help in managing the caseload? N/A N/A Most of the cases in this court are punishable for example assault, rape, kidnapping. In that case don't need to talk with both sides. Case related to husband-wife in that case possible to talk to each other. Yes Yes Yes
> In that case, we would be able to coordinate.
Yes Depends on police investigation and whether the witness is present in the court. Yes
6 What is the average time it takes to complete a criminal trial, from start to verdict? Depends on the case type
> Sometimes more than 2 years, sometimes up to 6 months.
1 to 2 years 6 months to a year
>  Sometimes it will take more time, sometimes it will take less time.
6 months to a year 6 months to a year More than 2 years Depends on the case type 10 years More than 2 years
7 What is the average number of adjournments per case? 5 to 10 10 to 25 10 to 25 10 to 25 10 to 25 10 to 25 10 to 25 20 to 25 10 to 25
8 What is the main reason for adjournments? Do NOT read answers non appearance of witness non appearance of witness Non appearance of witness, non appearance of lawyers, non appearance of witness 1 Non appearance of witness
2. non appearance of  lawyer
3. non appearance of PP
4. application of lawyer
5. application of PP
1. non appearance of witness
2. Application by lawyers
3. Vacation for Judges
4. A court can never entertain a case in the fixed date
Non appearance of witness non appearance of witness non appearance of witness
9 What proportion of accused are represented by a lawyer at trial in this court? All All Most All Most Most Most Most All
10 What proportion of accused are women in your experience? Less than 5% More than 10% More than 10% More than 10% More than 10% More than 10% Less than 5% 1% 5 - 10%
11 What is the main offence for which women face trial?  I don't know Assault Kidnapping and domestic violence Narcotics Related. Narcotics Related. Assistance in dowry demand/claim Narcotics,Murder Drug related offenses narcotic or drug related
12 Where an accused appears to be under 16 what steps are taken? The decision of the court. Here is no separate Juvenile Court. Some court has the responsibility to conduct this case. Based on the offenses sometimes they are sent to the probation officer to supervise them.   There is no different holding cell. The trial begins in the juvenile court. If necessary, he is taken to the safe custody. Sent to Juvenile Correction center Juvenile system According to juvenile law
13 Do you apply the Children Act of 2013?  No No No   Yes No Yes Yes Yes
14 If yes, have you had any training on how to apply the Children Act 2013? No N/A     No Not applicable. No No Yes
15 If you are not applying the Children Act 2013, why not? Till now I did not receive any case of this section. I did not receive any juvenile case. If I receive such I will take. There is no necessity to apply this law.     As they are defined in Women & Children Act, therefore the application of Children Act is unnecessary. Not Applicable   >15 day training related to juvenile act
16 What proportion of trials end in a Guilty plea Very few Very few   Very few Very few No example. Very few Those who are in lower court, camera trial and little compensation. Very few
>only petty cases are end with guilty plea
17 What proportion of trials are compounded? Less than 50% Less than 50% Very few   Less than 50% more than half
> 60%
Very few 2-3% Which are compoundable as per the schedule
18 If the answer is 'very few' why is this provision not used more frequently?    There is no manifest direction in the law.     It is not specifically directed in law. N/A
> As there is no mechanism for compounding in Women & Children Act, so we are not inspired to compound.
Those cases which are compoundable    
19 What percentage of cases are 'settled' outside court? I don't know the figure. 50% I don't know the figure.   Approximately 25% 25% 5% Very low. Very few
20 What are the most important challenges in the criminal justice system from your point of view? 1. Charge is not framed correctly
2. Sometimes it takes a long time for police report
3. Witness is not found.
1. Lack of police cordiality
2. Non appearance of witness before the court in due time
3. court remains closed if any lawyer dies
4. due to strike (Hartal)
1. Delay of investigation 2. Nonappearance of witness 3.Because of case backlog it's not possible to supervise all of the cases properly   Every lawyer including P.P has the tendency to prolong the case and don't take steps in the fixed date. 1. The judge is not given the opportunity to take the women and children cases directly;
2. There is no option for compounding;
3. Non-appearance of witnesses in due time by the police
Non Appearance of cases Bribery, dishonesty case multiplicity and case backlog