Delay in Criminal Trials and the Right to Speedy Justice: Comparative Perspectives

Abstract

The principle of ‘speedy justice' is a vital aspect of both the rule of law and fair trial and is a common problem in legal systems the world over. The effect of penalties on delayed trials is felt by the accused due to the time they spend waiting for trial and the time they spend in detention; by the victims and witnesses because of the problems their delay causes; by justice because of the impact on record and evidence; by costs of litigation; and by the public's confidence in the judiciary. This paper explores the issue from comparative standpoints, in special consideration the waters of Pakistan and India, the UK and the US as well as the European human rights system. It covers the international legal foundations for the right to speedy trial, institutional and procedural issues likely to cause delay, existing measures of judicial case management, judicial control of adjournments and the establishment of specialized courts, as well as the digital justice and the measures taken in the field of investigative reform. The study recommends criminal trial delays be addressed, beyond the increase of judicial capacity, as a systemic problem. Coordination is needed between the courts, the police, prosecution, forensic institutions and prison authorities in order to implement an effective reform. It is the time that Pakistan should think of a reasonable time concept, which will have active case management, rigorous investigative process, proper digital case tracking, sufficient remedies and resources for unreasonable delays. The paper will conclude that quickness does not equal rushing, but rather balancing of due process and time-management considerations, as well as with evidence presented and the rights of the victims and accused.

Keywords: Speedy Justice; Criminal Trials; Judicial Delay; Fair Trial; Criminal Justice; Pakistan; Comparative Law; Case Management; Digital Justice.

https://doi.org/10.5281/zenodo.21762114