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. |
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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 |
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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 | |