THE POWER OF SECOND CHANCES - Chuck urges non-prison penalties to support rehab, expungement

Justice Minister Delroy Chuck says there is no longer a backlog of expungement applications following the recent amendments to the Criminal Records (Rehabilitation of Offenders) Amendment Act (2026).

Chuck made the disclosure on Sunday at the Eastern Region Assize Church Service at East Queen Street Baptist Church in downtown Kingston, marking the start of the 2026-2027 legal year.

The service, attended by Chief Justice Bryan Sykes and members of the legal fraternity, was held under the theme ‘Embracing Justice: Restoring Righteousness and Hope’.

Chuck said that, along with the legislative amendments, the number of persons serving on the Criminal Records (Rehabilitation of Offenders) Board had increased from five to nine, with members meeting in teams of four or five to process applications.

“We have also [adjusted] where expungement is available if the sentence is less than 10 years.

“For non-custodial sentences, the likelihood is that further amendments will be made so that, maybe five years, persons who commit no further offence and can be recommended as persons who have been rehabilitated can have their sentence or their crime record expunged,” Chuck said.

The justice minister also urged judges to impose non-custodial sentences in appropriate cases, saying such measures could help offenders move towards rehabilitation and eventual expungement of their criminal records.

According to him, the changes should encourage offenders to accept responsibility for their actions and pursue rehabilitation.

Plea bargaining

He also encouraged accused persons to consider plea bargaining where appropriate, saying it could result in reduced sentences or non-custodial penalties.

“And eventually, having bided your time, you can get an expungement,” Chuck said.

However, Chuck noted that while there has been significant progress in the courts and in the administration of justice, the wider justice system continues to face major challenges, particularly delays in the disposing of cases.

“Probably the greatest challenge, or one of the main criticisms of the justice system, is not access to justice but the inordinate and unnecessary delays in the delivery of justice,” he said, adding that some non-contentious matters should be resolved within weeks rather than months or years.

Chuck also pointed to the heavy criminal caseload, saying there are about 1,000 cases awaiting trial in the Home Circuit Court.

“Even if we multiply the courts five times, they will not be tried in two or three years,” he said.

Currently, he said, trials are starting three to five years after cases enter the system, making it impossible for the courts to try every case.

The minister again urged greater use of mediation and alternative dispute resolution, particularly in civil matters.

“It is absolutely important that the courts and attorneys and, more so, the disputants see mediation as an appropriate means to settle matters where all parties meet,” he said.

“When it comes to court, there is always a loser, and sometimes there is no winner.”

Chuck also urged The Jamaican Bar Association and the Advocates Association of Jamaica to encourage their members to advise clients accused of crimes to face the consequences of their actions.

“If you do the crime, you must serve the time,” he said, while encouraging plea bargaining as an option for those willing to accept responsibility and negotiate with the director of public prosecutions for reduced sentences where appropriate.

Chief Justice Sykes, in his address, also stressed the need to reduce delays, saying justice must be measured not only by the outcome of a case but by the experience of people throughout the process.

“Every unnecessary delay leaves someone waiting,” Sykes said, pointing to victims awaiting closure, accused persons awaiting resolution, children waiting for maintenance, and families waiting for estates to be settled.

He said judicial independence must go hand in hand with efficient court processes.

“The independence must not be in the absence of time standards,” Sykes said, adding that judges and court administrators have an obligation to ensure cases move towards disposition as quickly as possible.

Sykes also urged lawyers and other justice sector stakeholders to examine their contribution to delays, noting that not every dispute needs to be resolved through a trial.

“The courts cannot try every case. And not every case needs a trial,” he said.

He encouraged greater use of mediation and restorative justice, while urging citizens to resist settling disputes through violence, intimidation and private revenge.

Sykes said building a more effective justice system is a shared responsibility involving the judiciary, lawyers, the Ministry of Justice and Constitutional Affairs, the police, the correctional and probation services, social workers, court staff, jurors, witnesses, the media, and the wider public.

“Each person has a portion of the wall to build,” he said.

Jamaican Bar Association President Tenneshia Watkins said beginning the legal year with a church service offered an important opportunity to pause, reflect and pray for God’s guidance.

She noted that the justice system was ultimately about people and that how individuals experience the system is as important as the outcome.

Watkins said lawyers must practise with competence, professionalism and courage, while members of the wider community must also embrace their civic responsibilities, including serving as jurors.

“The theme reminds us that justice must inspire confidence,” she said. “Those who seek justice must believe that their concerns will be taken seriously, that they will be treated with dignity, and the rule of law remains the foundation upon which we can rely.”

tanesha.mundle@gleanerjm.com