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Jamaican Courts Renovation: A Case Study of Caribbean Justice Improvement, Summaries of Construction

An overview of the Jamaican component of the Caribbean Justice Improvement Project (CJIP), focusing on the renovation of Supreme Court buildings and Resident Magistrates' Courts, and the training of court personnel. The report discusses the challenges faced during the implementation of the project and the lessons learned.

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PROJECT ASSISTANCE COMPLETION REPORT
CARIBBEAN
JUSTICE
IMPROVEMENT
PROJECT
(598-0645.08/532-0162)
The
Caribbean
Justice
Improvement
Project
was
authorized
in
July,
1986
with
two
basic
components:
one
for
the
Eastern
Caribbean
and
Belize,
and
the
other
for
Jamaica.
USAID
authorized
an
initial
sum
of
$10
million
in
grant
funds
to
strengthen
the
legal
systems
in
the
English-speaking
Caribbean.
To
this
end,
a
five-year
Grant
Agreement
was
signed
between
the
University
of
the
West
Indies
and
USAID/Barbados
in
August,
1986,
under
which
USAID
undertook
to
provide
$7.8
million
in
grant
funds
for
the
Eastern
Caribbean
component.
A
separate
three-year
agreement
was
executed
in
September,
1986
between
the
Government
of
Jamaica
and
USAID/Jamaica
for
$2.2
million
and
was
later
increased
by
$650,000.
The
Project
Assistance
Completion
Date
was
March
31,
1992.
The
Jamaican
component
could
be
viewed
under
three
broad
components:
A.
Renovation
of
Court
,Facilities
Since
1962
when
Jamaica
gained
independence
from
Britain,
the
justice
system
has
suffered
principally
because
of
continuing
stress
on
the
national
economy
and
'the
consequent
budget
reductions.
Among
the
obvious
symptoms
of
deterioration
has
been
the
decline
in
the
state
of'
the
physical
facili
tes.
Under
this
component,
the
Sup..:r:eme
Court
building
and
14
Resident
Magistrates
(RM)
Courts
were
finally
selected
for
improvement
with
criteria
weighting
relative
need
and
importance.
Among
the
p'~\rticu];a'r
concerns
in
facilities
renovation
was
abatement
of
'heat
and
traffic
noise
as
factors
interf,ering
with
acti
vi-ties
in
the
courtroom.
These
concerns
have
been
addressed
with
a
minimum
of
cost
by
minimizing
use
of
air
conditioning,
relying
more
on
fans,
and
closing
off
adj
acent
street
noise.
The'
14
RM
courts
renovated
were:
Morant
Bay
st.
Ann's
Bay
Chapleton
Black
River
May
Pen
Kingston
Criminal
Brown's
Town
Port
Antonio
Montego
Bay
Lucea
Mandeville
Half
Way
Tree
Kingston
Family
Sandy
Bay
All
of
the
14
RM
courts
together
with
the
areas
targetted
in
the
Supreme
Court
were
100%
complete
at
PACD.
Under
this
component,
much
needed
furniture
and
equipment
were
also
provided
to
the
Jamaican
courts.
pf3
pf4
pf5
pf9
pfd
pfe
pf12

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l

PROJECT ASSISTANCE COMPLETION REPORT

CARIBBEAN JUSTICE IMPROVEMENT PROJECT

The Caribbean Justice Improvement Project was authorized in July,

1986 with two basic components: one for the Eastern Caribbean and

Belize, and the other for Jamaica. USAID authorized an initial

sum of $10 million in grant funds to strengthen the legal systems

in the English-speaking Caribbean. To this end, a five-year Grant

Agreement was signed between the University of the West Indies and

USAID/Barbados in August, 1986, under which USAID undertook to

provide $7.8 million in grant funds for the Eastern Caribbean

component. A separate three-year agreement was executed in

September, 1986 between the Government of Jamaica and

USAID/Jamaica for $2.2 million and was later increased by

$650,000. The Project Assistance Completion Date was March 31,

The Jamaican component could be viewed under three broad

components:

A. Renovation of Court ,Facilities

Since 1962 when Jamaica gained independence from Britain, the

justice system has suffered principally because of continuing

stress on the national economy and 'the consequent budget

reductions. Among the obvious symptoms of deterioration has

been the decline in the state of' the physical facili tes.

Under this component, the Sup..:r:eme Court building and 14

Resident Magistrates (RM) Courts were finally selected for

improvement with criteria weighting relative need and

importance. Among the p'~\rticu];a'r concerns in facilities

renovation was abatement of 'heat and traffic noise as factors

interf,ering with acti vi-ties in the courtroom. These concerns

have been addressed with a minimum of cost by minimizing use

of air conditioning, relying more on fans, and closing off

adj acent street noise. The' 14 RM courts renovated were:

Morant Bay

st. Ann's Bay

Chapleton

Black River

May Pen

Kingston Criminal

Brown's Town

Port Antonio

Montego Bay

Lucea

Mandeville

Half Way Tree

Kingston Family

Sandy Bay

All of the 14 RM courts together with the areas targetted in

the Supreme Court were 100% complete at PACD.

Under this component, much needed furniture and equipment were

also provided to the Jamaican courts.

2

B. Records Management and Automation

This component addressed the automation of the Supreme Court's Civil Registry and the introduction of a computer-aided transcription (CAT) system. Automation of the registry and use of microfilm for ready access and required long-term storage was adopted in 1991. At the PACD, 1992 records were up to date in the filming process and 1991 records were being filmed.

Delays in the availability of trial transcripts emerged as a substantial factor in criminal appeals. Due to a shortage of skilled stenotypists, delays of several months were becoming commonplace. This is a serious problem in a system where bail is often denied and jail conditions inadequate.

After a slow start as the stenotypists adjusted to the change from the manual system, use of the CAT system in the Supreme Court, and by extension the circuit courts, took a firm hold. This system eliminates the need for a stenotypist to type a record of daily court proceedings. Instead, during court proceedings, a stenotypist types the shorthand symbols directly on a diskette which can be inserted in a computer word processing system to produce an immediate appelllate transcript.

Training court personnel occurred as a part of this effort, but was initially thwarted by a significant turnover rate resulting from the low salaries paid to government workers. The problem of low salaries has since been addressed by the government and t~e turnover rate in this sector has been considerably reduced.

C. Training

Under this component, training opportunities were organized and conducted mainly for judges, resident magistrates and prosecutors in subject areas perceived to be most needed by the Chief Justice of Jamaica. The training was conducted both in-country and overseas. The objective of the training was to:

  • reinforce and expand the judiciary's role in the decision of cases
  • develop the technical abilities of the staff of the courts in such areas as court management, statistical systems and budgeting; and
  • encourage recourse to the courts by the populace for the determination of their rights and so enhance popular respect for the rule of law.

Recommendation: To increase available funds for maintenance of services, it is imperative that the justice ~ystem continues to set, and increase as necessary, fees for service as appropriate. It is also important that the GOJ puts in motion a system whereby the revenue collected within the courts is ploughed backed into the justice sector.

  1. Book Procurement

AID contracted with a Procurement Services Agent in the united States who in turn subcontracted with a firm for the supply of books from the publishers for delivery to the Suprme Court Library in Kingston. This procedure involved a certain amount of delays, but the most troublesome aspect was that between the purchasing agent and the subcontractor certain misinterpretation of purchasing instructions occured. A substantial number of books were ordered contrary to the original request of the Supreme Court library. This matter was finally resolved, but not without some embarrassment to AID as well as inconvenience to the Supreme Court.

Recommendation: Book procurement should be handled by the host country given that the Supreme Court has ample experience in this area, and even if it did not, project institution-building objectives would include developing such competence that the Supreme Court could continue· to procure necessary books and publications from abroad to keep its library current.

Attached to this report are schedules prepared by the implementing agency, the Ministry of National Security & Justice, which provide additional information on the project.

Schedule A - Summary status of completion of project elements at PACD, physical performance achieved and the amount of planned expenditures utilized to achieve the physical level.

  • Schedule B - Project finanical statement of USAID and GOJ planned and actual funding input.
    • Schedule C - project expectations compared to project accomplishments and reasons for differences.
  • Schedule D - Areas Renovated at the Supreme Court.

"

, USAID/GOJ - CARIBBEAN JUSTICE IMPROVEMENT PROJECT - SCHEDULE A PROJECT (^) ASSISTANCE COMPLETION (^) REPORT (^) Page 1 of

SUMMARY STATUS O~ COMPLETION OF pROJECT ELEMENTS AT DATE OF EXPIRATION, i.e. MARCH 31, 1992 ==========================================================================================

ELEMENTS ACTIVITY P H Y SIC A L

PER F 0 RMANCE FUNDING USED

PERCENTAGE PERCENTAGE

PIiYSICAL (^) PLANNED BASIS OF PERFORMANCE EXPENDITURE PARTICIPANT TRAINING COMPUTATION PLANNED ACTUAL ACHIEVED UTILIZED

1 - Short Term (Local) Number of Courses (^) 10 12 120% 91%

2 - Short Term (Overseas) (^) " " " 19 22 115% 81%

COMMODITIES

3 - Furniture & Equipment Number of Furniture 1212 972 80% 79%

Items

4 - Books & Periodicals

(i) Re-printed Laws of Number of Sets 1000 750 75% 64% Jamaica of Laws of Jamaica

(H) Library Books - Number of

Supreme Court^ Publications 1453 1253 85% 82% ordered

5 - computer, Court Number of 23 23 100% 75% Reporting Equipment- Equipment Units

  • Supreme Court Civil Registry - (^) " " 8 8 100% 93%

,J. _,

PROJECT ASSISTANCE COMPLETION REPORT

SUMMARY

PROJECT FINANCIAL STATEHENT

USAID/GOJ - CARIBBEAN JUSTICE IHPROVEHENT PROJECT

MINISTRY OF NATIONAL SECURITY & JUSTICE

BUDGET PLAN CODE

GOJ ADMINISTRATIVE SUPPORT

PARTICIPANT TRAINING

Element 1 - Short Term (Local) Element 2 - Short Term (Overseas)

COHHODITIES

Element 3 - Furniture/Equipment Element 4 - Books & Periodicals Element 5 - Computer/Court Reporting Equipment

RENOVATIONS

Element 6&7 - R.M. Court Renovations Element 7&8 - Supreme Court Clerk of Works (Ministry of Construction/W)

TOTAL PLANNED BUDGET

LIFE OF PROJECT

AID

US$

°

70, 75,

°

GOJ

US$

53,000^ °

o o

o

TOTAL

PLANNED

ACTUAL

AID

US$

° •

60, 72,

:.1 TE~::~~: ~::I~T~:~:t Term Tech. Assist. (^) 48, 47,

. , ., I

,'.^ ','^ ., ,;' , ,.

Element 9&10 - Local Imp. Assist.

.. " .... ' ..

.... : ..

, '\

,.

. '. ,

  • t, 'r ,:: ·r .' " 'I., .... :,,'.-:' (^). ,'. " '.

DISBU'RSEMENTS

GOJ

US$

o o

79

SCHEDULE B

Page 1 of 3

TOTAL

DISBURSEHENTS

US$

. .' " , , .','

..~ .. ',. '.:. ",

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",.

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PROJECT ASSISTANCE COMPLETION REPORT (Cont'd)

PROJECT FINANCIAL STATEMENT

USAID!GOJ - CARIBBEAN JUSTICE IMPROVEMENT PROJECT'

MINISTRY OF NATIONAL SECURITY & JUSTICE

BUDGET PLAN CODE TOTAL PLANNED BUDGET TOTAL " ACTUAL

PROJECT NO. 532-0162 LIFE OF PROJECT PLANNED

AID GOJ^

AID

US$ US$

US$

?ARTICIPANT TRAINING •

Element 1 - Short Term (Local) 13,810 0 13,810 7, Element (^2) - Short Term (overseas) 7,190 6,000 13,190 6,

:::OMMODITIES

Element 5 - Computer/Court Reporting Equipment 5, °

?.ENOVATIONS

Element 6 - R.M. Court Renovations 418,424 59,000 477,424 360, Element 7 - Supreme Court Renovation 365,576 67,000^ 432,576^ 12'96 ;2'2~ ::

TECHNICAL ASSISTANCE

Element B - Short Term Technical Assistance 30, °

Element 9 - Local Imp. Assistance 10,000 0 10,000 (^) 6,

850,000 132,000 982,000 ~02,,

to', "

" ,',: .. y.:':' ;'" ,~

DISBURSEMENTS

GOJ

US$

SCHEDULE B

Page 2 of 3

TOTAL

DISBURSEMENTi

36B',

716'6 >,=?11:l q ;/\

SCHEDULE C

Page 1 of 7

USAID/GOJ - CARIBBEAN JUSTICE IMPROVEMENT PROJECT - MINISTRY OF NATIONAL SECURITY & JUSTICE

PROJECT ASSISTANCE COMPLETION REPORT

EXPECTATION

BOOKS AND PUBLICATIONS

(i) LAWS OF JAMAICA & SUBSIDIARY LEGISLATION

The Original proposal was to reprint one

thousand (1,000) sets of the Laws of Jamaica

& Subs~diary Legislation.

(ii) LEGAL BOOKS AND PUBLICATIONS

The proposal was for the procurement of

legal books and publications for the use by

the Supreme Court and Resident Magistrates'

Courts.

ACCOMPLISHMENT

BOOKS AND PUBLICATIONS

(i) LAWS OF JAMAICA & SUBSIDIARY LEGISLATION

The funds provided in the budget could only

accommodate expenditure for seven hundred and

fifty (750) sets.

The final delivery to complete the contract

was effected on the 28th February, 1991

at a cost of US$229,388.00.

PHYSICAL PERFORMANCE - 75%

The conversion rate of the provision at

the time of the commencement of the re-

printing exercise could only accommodate

seven hundred and fifty (750) sets instead

of the planned one thousand (1,000).

PLANNED EXPENDITURE UTILIZED - 64 %

The low percentage was due to the

devaluation of the J$.

(ii) LEGAL BOOKS AND PUBLICATIONS

".

Due to the delays in implementation and

the problems encountered in respect of 'un-

ordered' and 'over-supplied' books, this

resulted in a loss of approximately US$30,000,

ip addition to an un-supplied amount of

US$22,000.

~. '~' :,:' '~.~ , .. <:.;: .. " ....... ~ , " .'

- .....t-", " <H;, •• ,' •

  • • 'I-.

. ,

.--.. -- --_..----....

CJIP-PROJECT ASSISTANCE COMPLETION REPORT, con'td

EXPECTATION

(iH) TRAINING

The Ministry planned a number of

local and overseas training courses/

conferences to provide training needs

for the judiciary, prosecutors and

other Ministry personnel.

SCHEDULE C

page 2 of 7

ACCOMPLISHMENT

(ii) LEGAL BOOKS AND PUBLICATIONS, cont'

Funds were provided by USAID to purchase a

further supply of bo'oks at a cost of US$33,598.00.

The books were ordered directly from Butterworths

of London and handed over to the Librarian at the

Supreme ·Court ..

The total expenditure under this activity is

US$155,098.00. _

All future orders of legal books and publications

will be ordered directly by the Ministry and not

through a contractor as was previously done.

PHYSICAL PERFORMANCE PLANNED EXPENDITURE

UTILIZED

(Hi) TRAINING

Please see hereunder the number of persons who

attended overseas courses:

(i) Chief Justice 2

(H) Appeal Court Judges 7

(iii) Supreme Court Judges 20

(iv) Resident Magistrates 7

(v) Other Ministry Officials- 6

A number of other courses/seminars were held

locally for Judges, Resident Magistrates, Court staff,

Administrative and Registry staff of the Supreme Court •

. '.:..^ :

.---.- ....------

CJIP-PROJECT ASSISTANCE COMPLETION, cont'd

(v)

EXPECTATION

COMPUTERIZATION OF THE SUPREME COURT

REGISTRY

It was proposed to computerize the docket retrieval system of the Civil and Criminal Registries of the Supreme Court and the Registry of the court of Appeal.

(iv)

(v)

SCHEDULE C

Page 4 of 7

ACCOMPLISHMENT

COURT REPORTING, cont'd

formerly done manually.

PHYSICAL ACHIEVEMENT/PLANNED EXPENDITURE UTILIZED

Planned Actual

23 23

Physical Performance

100%

Planned Expenditure Utilized

75 %

The percentage of planned expenditure utilized was due to the devaluation of the J$.

COMPUTERIZATION OF THE SUPREME COURT REGISTRY

Due to financial constraints, it was only possible to computerize the Civil Registry of the Supreme Court with the provision of the following computerized equipment:

( i) (^) 3 I.B.M. (^) Personal Computers

(ii) 1 Camera and Work Station

(iii) 1 Film Processor (iv) 2 Reader Printers and Software (v) 1 Duplicator

Training of thirteen (13) members of the Registry staff plus the Supervisor have already been undertaken in the operation of the equipment.

..:-;'-~ ". '.~ l, ." :}'.:;:'-:: ..

CJIP-PROJECT ASSISTANCE COMPLETION, cont'd

EXPECTATION

(vi) FURNITURE & EQUIPMENT

The supply of furniture and

equipment for the Supreme Court

and Resident M~gistrates' Courts.

".

(v)

ACCOMPLISHMENT

" ,,"', ::! .~..

----~~~S=CHEDutE-c:_-- ---

page 5 of 7

COMPUTERIZATION OF THE SUPREME COURT REGISTRY, cont'd

PHYSICAL ACHIEVEMENT/PLANNED EXPENDITURE UTILIZED

Planned Actual

Physical

Performance

Planned

Expenditure

Utilized

."

(vi) FURNITURE & EQU~MENT

Due to problems encountered in the supply of furniture

and equipment by the chief Supply Officer (the Government

of Jamaica's Centralized Purchasing Unit) and financial

constraints in the budgetary process, the Ministry was

unable to fulfill our furniture needs. However, we

were able to address most of the requirements of the

Supreme Court and Resident Magistrates' Courts i?land-

wide.

PHYSICAL ACHIEVEMENT/PLANNED EXPENDITURE UTILIZED

planned Actual

Physical

Performance

p,lanned

Expenditure

Utilized

The percentages of 80% & 79% respectively, in respect of

Physical Performance and Planned Expenditure Utilized,

were mainly due to the unavailability of some of the

items and ~he devaluation of the.J$.

  • .. /

,'" " (^) , :. '. '~".

------------------------~----~-----~

CJIP-PROJECT ASSISTANCE COMPLETION REPORT, cont'd

(viii)

"

EXPECTATION

FEASIBILITY STUDIES, cont'd

(i) Assessment of the Accounting System of the Ministry of Justice.

(ii) Assessment of the Training Needs of the Ministry of Justice

(iii) Setting up of a Justice Research Unit

(iv) Setting up of an Inventory Tracking System

(v) Rationalization of Court Houses

(vi) Court Efficiency

  • The expenditure utilized in respect of the Feasibility Studies relate only to the four (4) studies funded under the Caribbean Justice Improvement Project (CJIP).

ACCOMPLISHMENT

(viii) FEASIBILITY STUDIES, cont'd

.- SCHEDULE C

Page 7 of 7

PHYSICAL ACHIEVEMENT/PLANNED EXPENDITURE UTILIZED

Planned Actual

-"--~--------

,.', '. " .-: .' ,

. ':~: ·t, .. . '.

Physical Performance

100%

planned Expenditu=" Utilized

:

. ,

.- ,

PROJECT ASSISTANCE COMPLETION REPORT (^) SCIlEllULll "

Page 1 of 2

L

a)

USAID/GOJ - CARIBBEAN JUSTICE IMPROVEMENT PROJECT -

MINISTRY OF NATIONAL SECURITY & JUSTICE

PLANNED AREAS RENOVATED

to PUBLIC BUILDINGS EAST (SUPREME COURT)

SUMMARY

TnIRD FLOOR STATUS

Centre Block - install new floor in Court Reporters' area 100%^ Complete

2 _ SECOND FLOOR

a)

h)

c)

d)

e)

Complete library by renovating existing bay to the north to meeting/storage room

Form new Court of Appeal complete

Convert and renovate existing Courtroom to Court of Appeal

Form Consulting Room between Court of Appeal Courtrooms

Renovate Public Corridor

3 _ FIRST FLOOR

a)

h)

c)

d)

e)

f)

g)

Form 3 Judges Chambers and Secretarial area in old Court of Appeal library area, etc.

Alterations to Chief Justice's' Chambers and formation of Judges Chambers and Chief Justice Secretarial space in existing Chamber and walkway recess

Renovate Judges Chamber B and complete C

Form Courtroom No. 8 complete

Renovate Jury Room adjoining New Court 8

Renovate Public Corridor and Staircases.

Toilets adjoining external staircase to King Street

100% Complete

100% Complete

100% Complete

100% Complete

100% Complete

100% Complete

100% Complete

100% Complete

100% Complete

100% Complete

100% Complete

100% Complete

/