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Inordinate Delay in Trial by Criminal Courts - A Problem of Serious Magnitude in Bangladesh (From UNAFEI Report for 1980 and Resource Material Series No. 20, P 120-129, 1981 - See NCJ-89732)

NCJ Number
89737
Author(s)
Z A S Hugue
Date Published
1981
Length
10 pages
Annotation
This paper identifies the various causes of inordinate delays in criminal trials in Bangladesh and offers some brief suggestions for dealing with each problem.
Abstract
Much of the time-consuming delay between arrest and trial results from the failure of police to submit clearance reports in a timely manner, largely as a result of prolonged investigations after defendants have been arrested. This problem can be addressed by an increase in and more effective coordination of police resources. Another delay factor is the nonapprehension, absconding, and nonappearance of accuseds, which results from police inefficiency, bail practices, and inordinate delays in the service of summonses or warrants. Other delaying factors include the absence of witnesses on the trial dates, a shortage of prosecuting officers, an inadequate number of judicial officers, as well as limited court facilities. Inadequate procedural and substantive laws also contribute to trial delays, as do the dilatory tactics of the parties involved in a case, particularly attorneys. The absence of appropriate training facilities for judicial officers, prosecutors, and attorneys further hampers the efficient processing of cases, along with poor cooperation and coordination among the various agencies of the criminal justice system. A final factor in court delays is the lack of regular inspection of courts by superior officers and of effective monitoring and control of the performance of judicial officers. Some examples of particular cases of court delay are provided.

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