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Delays in Finalising Criminal Trials


 

The research critically examined the impact of delays in concluding criminal cases in Zimbabwe. The research focused on the causes behind delays in finalising criminal matters, the impact such delays have on the administration of justice and on the litigants involved in the criminal trials. This research also sought to explore strategies that can be employed by various stakeholders within the justice delivery system in an effort to reduce these delays. The research took the form of a descriptive survey with both qualitative and quantitative methods of research being used. The population under study comprised of the police, court officials and court users. Tables were used for data analysis to illustrate variables and the severity of the effects of these delays. The major findings of this study among others were that delays have a negative effect on both the accused and the complainant for particularly financially and psychologically. Financially, as the accused is burdened with legal costs and the complainant also suffers financially as such person is required to attend  court yet with little help from the State in terms of witness fees. The study also revealed that the delays infringe on the accused right to liberty as the accused it detained in custody for an unreasonable period of time. The study also found out at time poor investigative techniques employed by the police also aid in the delay in finalising criminal trials. that the delays have a negative effect on the administration of criminal justice at the court especially as few magistrates are faced within many criminal matters which they have difficulty disposing. Hence, the study recommended that there is need for the government to consider increasing the number of magistrates stationed at the court to allow for more cases to be disposed of. Furthermore, police investigators need to be trained and well equipped to investigate matters efficiently and thorough. Police should also engage the community in fighting crime and create policies regarding the charging suspects to ease burden on court.  In respect of emotional stress suffered by complainants it is recommended that counselling services be available for them to receive the necessary attention to overcome their experiences.

 

 


Keywords

delays, remand, justice delivery, complainants and accused
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  • Delays in Finalising Criminal Trials

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Abstract


The research critically examined the impact of delays in concluding criminal cases in Zimbabwe. The research focused on the causes behind delays in finalising criminal matters, the impact such delays have on the administration of justice and on the litigants involved in the criminal trials. This research also sought to explore strategies that can be employed by various stakeholders within the justice delivery system in an effort to reduce these delays. The research took the form of a descriptive survey with both qualitative and quantitative methods of research being used. The population under study comprised of the police, court officials and court users. Tables were used for data analysis to illustrate variables and the severity of the effects of these delays. The major findings of this study among others were that delays have a negative effect on both the accused and the complainant for particularly financially and psychologically. Financially, as the accused is burdened with legal costs and the complainant also suffers financially as such person is required to attend  court yet with little help from the State in terms of witness fees. The study also revealed that the delays infringe on the accused right to liberty as the accused it detained in custody for an unreasonable period of time. The study also found out at time poor investigative techniques employed by the police also aid in the delay in finalising criminal trials. that the delays have a negative effect on the administration of criminal justice at the court especially as few magistrates are faced within many criminal matters which they have difficulty disposing. Hence, the study recommended that there is need for the government to consider increasing the number of magistrates stationed at the court to allow for more cases to be disposed of. Furthermore, police investigators need to be trained and well equipped to investigate matters efficiently and thorough. Police should also engage the community in fighting crime and create policies regarding the charging suspects to ease burden on court.  In respect of emotional stress suffered by complainants it is recommended that counselling services be available for them to receive the necessary attention to overcome their experiences.

 

 


Keywords


delays, remand, justice delivery, complainants and accused