by Curlan Campbell
- 90% reduction in criminal cases listed for April assizes
- Further practicing certificate applications require proof of continuing professional development
- GBA willing to work with Supreme Court Registry General Legal Council to address lack of criminal defence lawyers
The Grenada Bar Association (GBA) has developed a plan to address the scarcity of criminal defence lawyers, which poses a threat to the dispensation of justice.
Francis Paul, Acting GBA President, suggested that incentivising attorneys with the possibility of receiving credits towards their practicing certificate application could increase the number of lawyers appearing in the high court’s Criminal Jurisdiction.
Section 24 of the Legal Profession Act 2011, stipulates the requirements to receive Practising Certificates. The first application for a practicing certificate doesn’t require proof of continuing professional development, however, further applications will require the applicant to provide proof of continuing professional development, as stated in section 26(5) of the Legal Profession Act of 2011.
Paul stated that the GBA is willing to work with the General Legal Council of the Supreme Court Registry to address the lack of criminal defence lawyers. “You have them doing maybe one or 2 matters, and they get credit which can go towards the application of the practicing certificate,” he said. “Because all attorneys to practice in Grenada according to the Legal Profession Act have to apply and obtain a practicing certificate. You have to have a certain amount of points during that year when comes to continuing legal education. So if the younger attorneys can do one matter and appear before the court, then that can go towards their continuing legal education and thereby they gain points whether it’s 3 or 4 points,” he continued.
According to Paul, practicing criminal law helps younger attorneys learn the rules of evidence, practice, and procedure for their continued professional development.
While some lawyers believe that practicing criminal law is not lucrative and career growth is slow, Paul disagreed and said the current imbalance is not sustainable. “Laws are an important part of any society. And as defence attorneys, if you have matters coming before the court and you have all the accused unrepresented, that’s an untenable situation because you have, like Mr [Howard] Pinnock, senior Crown Counsel, you have Crown Counsel, who are trained as lawyers, and then you have a defendant or accused coming before the courts not familiar with rules of evidence not familiar with practice and procedure.”
Paul, however, is pleased with the 90% reduction in criminal cases listed for the April Assizes. “[High Court Judge Justice Paula Gilford] must be commended for our fortitude and hard work because as the lone justice sitting in the criminal jurisdiction for several months, she would have empanelled 3 matters at times and undertaken 3 trials simultaneously in one day. So, seeing that the matter now is down to 79, I must commend the bench and the bars well, because although, as I said the members of the criminal bar are dwindling, it’s teamwork, and all the stakeholders, the bench, the bar, the police, the prison, social development, the probation officers, they all work hard to ensure that the list is down to 79.”
