Up to 45% of criminal cases have been pending for 10 or more years

Up to 45 per cent of pending criminal cases have been pending for 10 or more years, while this is also true of nine per cent of all pending civil cases, according to a report.

The study, which was conducted by the Management Efficiency Unit, tested the efficiency of Maltese courts and was presented by Parliamentary Secretary for Justice Owen Bonnici and Paul Debattista, who led the study, at a press conference in Valletta this morning. 

The study also found that in civil cases, the amount of new cases that come before the court each year is equal to the amount of cases decided by the judiciary each year.

However, there is a large number of pending cases - a total of 11,000 civil cases and 14,000 criminal cases were pending as of 2012.

It was found that civil cases take, on average, 1,133 days to be decided, while criminal cases take 2,272 days on average. This number rises when cases are appealed. Nine per cent of civil cases are appealed, going up to an average of 1,375 days to be decided, while 13 per cent of criminal cases are appealed, with an average of 3,375 days.

"This is unacceptable," Bonnici said adding that it was scientifically impossible to cut down the backlog while fresh cases were being filed.

He explained that if all pending cases were evenly divided among judges, magistrates and adjudicators, it would take three years to eliminate the backlog, but this was not possible because of varying expertise withing the judiciary.

"If no new court cases are filed as from tomorrow, it would take eight years to decide and close all present cases," Bonnici said.

Bonnici said today's report listed the findings of the court's management and the same unit will be presenting a report which will include solutions to the problems and the cost of each solution.

When asked what kinds of solutions were to be expected, he mentioned among other things the introduction of IT in the courts, which he said would obviously speed up the administration process and help in cutting down the backlog of pending cases.

He said another solution may be to free up court halls - currently, an average of 70 per cent of court halls are being used in the morning, while only 15 per cent are being used in the afternoon.

Furthermore, a building which was earmarked by the previous government administration, to be used as office space for members of the judiciary, will be opened by the end of 2013. Bonnici said the previous government had not allocated funds for the completion of the project, but that under the new administration, the Finance Ministry has allocated €1.3 million to the project. After its completion, each member of the judiciary will have their own office in the building. As a result, court halls can be used more flexibly, and more cases can be heard.

Other possible solutions, mentioned the Commission for Justice Reform's preliminary report, include the depenalisation and decriminalisation of a number of offences. The report's findings and recommendations together with the Justice Reform Commission's report will be the basis of the reform the government intends to launch in October.