This Week In Court

– week of 7th August –

This week in court, we saw how lengthy court proceedings cause stress and anxiety for accused persons, as their time in remand gets extended indefinitely. Investigations can sometimes take years, and those who cannot afford bail or are being remanded for non-bailable offences can even end up being incarcerated for longer than what their eventual sentence may be. 

Feeling worn down by the system and extended periods of uncertainty, without meaningful access to a lawyer they can trust, this can also lead to people pleading guilty just to end their suffering sooner rather than later. Each time there is a court hearing set, accused persons hope for clarity, finality and something they can hold on to, even if not mercy. It can be immensely frustrating to look forward to a court date for months, expecting an outcome, only to be told that the case will be postponed or they will be remanded for longer because of some or the other reason. The rationale of remand is supposed to be to prevent accused persons from fleeing while being investigated, but too often, it can cause people to falsely plead guilty out of desperation and hopelessness. 

Case 1

A woman appeared from remand via video call. The prosecution wanted to detain her for an additional week in remand, as they had just found other co-accused and needed more time to complete investigations.

The woman objected to this strongly as she desperately did not want to remain in remand any longer, and said she would plead guilty to whatever charge she is given.

The judge ultimately decided to remand her for the additional week an informed her that during this time, she could seek counsel.

Case 2

A single father appeared from remand via video call wanting to plead guilty, to get his case over as soon as possible. He has a 10 year-old daughter who has had to stay with his 80-year-old father due to his circumstances.

The judge informed him that since investigations are still ongoing, he would not be able to plead guilty yet. He was offered a bail of $45,000, but he was not able to make this bail.