Barbados’ Broken Courts: Why Justice Keeps Failing the People

An Investigative Report by Charlie Spice

For decades, Barbadians have repeated the same painful truth: the justice system is too slow, too unpredictable, and too overwhelmed to protect the rights of ordinary people. From criminal matters dragging on for years, to family cases stalling indefinitely, to civil disputes taking a decade or more to resolve, the courts in Barbados suffer from systemic dysfunction that has eroded public confidence and denied justice to thousands.

The problem is so severe that international observers, local attorneys, judges, and citizens all agree—Barbados’ courts are not merely inefficient. They are fundamentally broken.

A System in Crisis

The phrase “Justice delayed is justice denied” is not a cliché in Barbados. It is everyday reality.

• Numerous accused persons spend years on remand awaiting trial.

• Businesses face debilitating delays in civil judgments.

• Families wait endlessly for child maintenance, custody orders, and probate decisions.

• Victims of crime lose hope as cases collapse or suffer repeated postponements.

• Attorneys report files going missing, court dates being cancelled without notice, and basic administrative functions failing.

The dysfunction is not new — but the crisis has grown acute.

Why Is the Court System So Dysfunctional?

**1. Severe Case Backlogs

Barbados has accumulated thousands of unresolved cases over decades. Criminal matters often take 5–10 years to reach trial. Civil proceedings can exceed 12 years.

The backlog is compounded by:

• Too few judges and magistrates

• Outdated procedures

• Endless adjournments

• Missing files and incomplete transcripts

• Delayed rulings

The result is a legal traffic jam so severe the system can barely move.

**2. Chronic Understaffing and Resource Shortages

Court staff shortages have crippled basic operations:

• Insufficient court clerks and support staff

• Not enough trained transcribers

• Delays in preparing judgments

• Frequent administrative errors

• Inefficiencies in case filing and scheduling

Even when judges want to move quickly, the machinery of the court slows them down.

**3. Outdated Technology and Paper-Based Processes

Barbados still relies heavily on paper files—many of which go missing, get damaged, or are misplaced.

Digital transformation has been discussed for decades, yet:

• Case files remain largely physical

• Scheduling is manual

• Court records are difficult to search

• Filing documents requires physical presence

• Virtual hearings are inconsistent

A 21st-century country still using 1970s systems cannot deliver timely justice.

**4. Ineffective Leadership and Weak Institutional Accountability

Multiple administrations have acknowledged the problem, but reforms have been slow, inconsistent, or poorly executed.

Key issues include:

• Leadership turnover

• Politicization of judicial appointments

• Lack of transparent performance metrics

• No accountability for judicial delays

• Resistance to modernization

Without a strong, independent administrative structure, dysfunction becomes normalized.

**5. Cultural Acceptance of Delay

Perhaps the most dangerous factor is that the public — including lawyers — has grown accustomed to the idea that “the courts are slow.”

This mindset enables:

• Frequent adjournments

• Excessive procedural delays

• Lack of urgency by counsel

• Judicial tolerance for inefficiency

When everyone expects the system to fail, the system continues to fail.

The Human Cost of a Broken System

Victims Wait Years for Closure

In criminal cases, families of victims endure years of uncertainty as trials drag on or collapse altogether.

Accused Persons Suffer Without Trial

Defendants remain in prison on remand longer than the potential sentence they face — a human rights violation.

Children Caught in Custody Battles

Family courts move so slowly that children grow up while orders remain pending.

Business Confidence Declines

Companies avoid arbitration in Barbados due to fear of lengthy litigation.

Erosion of Public Trust

The greatest loss is public confidence. Many Barbadians no longer believe the courts can deliver justice at all.

How Can the System Be Fixed?

Barbados can restore an efficient, modern justice system—if it commits to urgent and comprehensive reform.

1. Digitize the Entire Judiciary

A complete transition to e-filing, e-case management, and digital records is essential.

Digital courts mean:

• No more lost files

• Faster scheduling

• Transparent tracking

• Remote hearings

• Immediate access to transcripts

Countries like Jamaica, Bermuda, and Estonia have proven how transformative digitization can be.

2. Expand the Judiciary

Barbados needs:

• More judges

• More magistrates

• More court reporters

• More clerical staff

Increasing capacity is the only way to eliminate backlogs.

3. Set Strict Timelines for Case Resolution

Introduce:

• Mandatory time limits for rulings

• Limits on adjournments

• Performance evaluations for judges and attorneys

• Case management conferences with enforceable deadlines

Efficiency must be enforced, not suggested.

4. Establish an Independent Court Administration Authority

Remove administrative control from political influence and place it in the hands of a professional, autonomous body.

This ensures:

• Stable leadership

• Professional management

• Transparent oversight

• Accountability for delays

A modern judiciary cannot operate like a political department.

5. Introduce Alternative Dispute Resolution (ADR)

Mediation and arbitration should become standard options for civil disputes.

This will:

• Reduce court load

• Produce faster settlements

• Lower legal costs for citizens and businesses

6. Modernize Criminal Procedure

Implement:

• Plea bargaining systems

• Pre-trial readiness hearings

• Evidence management technology

• Continuous trials instead of fragmented appearances

These changes dramatically reduce trial length.

Is Real Reform Possible?

Yes — but only with political will, judicial leadership, and public demand.

Barbados cannot be a global business hub, an emerging fintech centre, or a leader in good governance if its justice system remains paralyzed.

A modern nation requires a modern court.

Conclusion: Justice Delayed Is Justice Denied

A dysfunctional court system is not merely an inconvenience — it is a threat to democracy, human rights, and economic progress.

Barbados must decide whether it will continue with a justice system that:

• Moves too slowly

• Operates with outdated tools

• Lacks transparency

• Fails its people

—or whether it will finally build a judicial system worthy of a modern Caribbean nation.

The time for excuses is over.
The time for reform is now.