Deputy Director of Public Prosecutions

Background

The "Chain Linked initiative" was conceived as a sector-wide approach involving the criminal justice agencies working together to tackle perceived problems and exploit perceived opportunities, relying to a large extent upon their own existing resources. The overall goal of the project was to enhance the standard of criminal justice administered by the criminal justice agencies. It was developed and tested in Masaka Magisterial area as a model for other areas, with the specific purpose of establishing measures that would improve the effectiveness and efficiency of the criminal justice agencies. The following results/outcomes were expected at the end of the project period of two years:-

• Achievable performance standards for the criminal justice system established and applied.
• Improved case management and coordination.
• Improved records management.
• Children's Statute as regards criminal justice implemented.
• Enhanced use of non-custodial measures, including implementation of Community Service Bill.
• Increased public participation and involvement in criminal justice system
• Feasible and successful measures assessed, selected and documented for application on a nation-wide scale.

Review of the project was carried out after the two years (June 2004) to establish whether the performance of the criminal justice system, in terms of effectiveness and efficiency had been enhanced through strengthening cooperation, coordination and communication between the criminal justice agencies in Masaka resulting from the "Chain Linked Initiative". The findings indicated that the process of administering criminal justice in the pilot area, had been improved in a number of ways that represented fairer treatment of accused persons and a better deal for victims, complainants, witnesses and the general public.

Growth of Chain Linked

_ After review of the pilot project in Masaka Magisterial area, the Chain Linked was in a phased manner expanded to the rest of the administrative districts and magisterial areas. The second review workshop of the project was conducted in September this year (2005), and new initiatives were introduced and a number of problems encountered.

Achievements

The Chain linked Programme has had varying degrees of success in the last 14 months. A number of policy decisions and activities have been carried out as follows:-

1. Policy decision on Plea of Guilty The Advisory Board took a policy decision to have pleas of guilty sessions by the High Court. This was to reduce the congestion in Prisons specifically by defilement cases and requests by accused persons who wanted to plead guilty to be fast tracked. As a result many 5-day sessions have been held and appropriate sentences meted out. The accused persons are represented, personally plead guilty and are free to decline and wait for a full trial.



2. The Chain linked Handbook The Chain linked Handbook has been produced to enable Stakeholders to know at a glance what this Programme is all about. The document defines chain linked, provides background, states the Stakeholders with their roles, funding modalities and the Secretariat. It also covers approved Performance Standards and Guidelines for Criminal Justice Agencies in Uganda. After this initial launch and expected feedback on content, a second version will be published next financial year for a bigger audience.



3. Report of the Monitoring and Evaluation Sub-Committee Since its creation, the Monitoring and Evaluation Sub-Committee had not come up with a comprehensive report until recently.



4. Case Management Committees There are currently 65 Case Management Committees (CMCs) with varying degrees of commitment and success. The Committees meet regularly and from such meetings, a number of issues affecting different institutions are discussed and solutions sought.



5. Half Day Workshop by Technical Committee The Technical Committee held a half-day workshop on 1st April, 2005 and made the following recommendations:-
   
   
   1. To improve on representation of accused persons both in High Court and the Chief Magistrates Court, State Brief fee be set at a minimum of Shs.100, 000/= per case. It was also observed that lack of financial motivation to Defence Lawyers at times led to poor representation of accused persons.
   
   
   
   2. Private Advocates be included at all levels of Chain Linked. For example since the Law Society is represented at the Advisory Board level, representation should be extended to the Technical Committee and all Case Management Committees. The Uganda Law Society should make nomination of representatives.
   
   
   
   3. The Technical Committee was to recommend one of its Members to the JLOS Publicity Sub-Committee to highlight Chain linked activities. In response, the Chief Magistrate Buganda Road Ms. Margaret Tibulya has been seconded to the Committee.
   
   
   
   4. To publish brochures for sensitisation. 1,000 copies have so far been produced.
   
   
   
   5. All Sub-Committees of the Technical Committee were given Member/Secretaries to assist the Chairpersons in the execution of their duties.
   
   
   
   6. The Inspectors from different key Institutions (the Judiciary, Police, Prisons and DPP) should be represented on the Visitation and Inspection Sub- Committee of the Technical Committee.
   
   
   
   7. Reports from key Agencies should be part of the Agenda of Case Management Committees.
   
   
   
   8. Performance standards and Guidelines of the Chain linked be re-circulated to all members of Case Management Committees.
   
   
   
   9. A Secretary (full time) be recruited to co-ordinate the a activities of the Chain linked Programme.
   
   
   

Constraints

The Chain linked Programme gets all it's funding from JLOS. It therefore competes with all other Ministries and Institutions within JLOS when funds released by the Ministry of Finance, Planning and Economic Development. Unfortunately for Chain linked, representatives of Ministries and Institutions within JLOS do not at times provide necessary support when funds are being allocated to Sector Wide Programme such as Chain linked.

The second constraint is the lack of a full time Secretary to coordinate the activities of Chain linked.

The third constraint is the lack of accurate data to enable the Technical Committee and the Advisory Board to plan Chain linked activities. What is required is a central database covering all Ministries and Institutions within JLOS available to Chain linked.

The Way Forward

There are a number of ways of improving Chain linked activities and service delivery by the concerned Ministries and Institutions requiring varying levels of funding as follows:

1. The establishment of Sub-Committees at Case Management Committee level. The Technical Committee proposed set up of four Sub- Committees as follows:
   
   
   1. Finance Sub-Committee, which will design a budget for chain linked, source and account for funds for development projects.
   
   
   
   2. The Monitoring and Evaluation Sub-Committee to implement monitor and make progressive reports of the chain linked programs.
   
   
   
   3. The Inspection Sub-Committee,which will plan and organize inspection of concerned agencies and make reports.
   
   
   
   4. The Publicity Sub-Committee to sensitise the public through various programmes and activities, as well as assessing the impact of the chain linked programmes to the public.
   
   
   



2. Finding a way of integrating the activities of JLOS, Chain linked and Community Service. All the three programmes have the same Stakeholders who are mandated to ensure the protection of the person and property and administering criminal justice in a fair, transparent and sustainable manner. It is recommended that the Secretariat of JLOS coordinates the activities of these programmes.



3. Court User Meetings be replicated to all Courts. This recommendation requires limited funding. Therefore it should be taken on. It will be another avenue to discuss improving service delivery to the public.

Conclusion

Chain linked is a very useful multi-institutional initiative solving many problems within the criminal justice system. There is need to use the lessons learnt over its life in the running of institutions and relating with other institutions and sectors. It is a means of achieving efficiency and effectiveness within the available resources.