"Justice delayed is justice denied" is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all.

Mentions of justice delayed and denied are found in Pirkei Avot: "Our Rabbis taught: ...The sword comes into the world, because of justice delayed and justice denied...".[2][5] Nachmanides understands the advice given by Jethro in Exodus 18:22, to judge the people at all times, as suggesting that Israel needed more judges because potential litigants would otherwise suffer injustice due to their inability to find a judge to hear their case.[6]

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In 1617, upon being elevated to Lord Chancellor of England, Francis Bacon said that "Swift justice is the sweetest."[C] Another 17th-century version of the phrase is attributed to William Penn in the form "to delay Justice is Injustice".[10]

Martin Luther King Jr., used the phrase in the form "justice too long delayed is justice denied" in his "Letter from Birmingham Jail", smuggled out of prison in 1963, ascribing it to "one of our distinguished jurists".[2][11]

For participants in the justice system, the question of whether justice was denied is whether delay is avoidable or disproportionate, or unavoidable and necessary. Proportionality is integral to such interpretations. Time taken to resolve the dispute is critical. Alternative dispute resolution, case management systems, and trial and motion practice are all integral to such determinations.[D]

Speedy justice in the findings and within the confines of the case, facts and the law is a stated goal of many legal systems.[20] Conversely, "[D]epriving quick and certain justice to the litigants ... reinforces the negative images of the judicial system...."[21]

"'(T)he rule established by the general concurrence of the American and English courts is, that where the delay in rendering a judgment or a decree arises from the act of the court, that is, where the delay has been caused either for its convenience, or by the multiplicity or press of business, either the intricacy of the questions involved, or of any other cause not attributable to the laches of the parties, the judgment or the decree may be entered retrospectively, as of a time when it should or might have been entered up. In such cases, upon the maxim actus curiae neminem gravabit, which has been well said to be founded in right and good sense, and to afford a safe and certain guide for the administration of justice,-it is the duty of the court to see that the parties shall not suffer by the delay. A nunc pro tunc order should be granted or refused, as justice may require in view of the circumstances of the particular case.'

"It is the fault of the courts, not Parker's fault, that final adjudication in this case was delayed until after he had served his sentence. Justice demands that he be given the relief he deserves. Since the custody requirement, if any, was satisfied when we took jurisdiction of the case, I would grant the relief as of that date."

No one knows how many thousands of cases have been caught in the pandemic backlog. But the delays mean that many people across the state are staying behind bars for longer, waiting for lawsuits to settle, fighting for child support, battling criminal charges and, generally, struggling to get justice during the worst pandemic and economic downturn of the past century.

We know some victims are now facing years of unacceptable delay in their quest for justice. I have heard of cases being listed as late as 2023. I hope these cases will remain outliers, but the overall trend remains that victims are waiting far too long in their quest for justice. The latest data suggests that in cases going to trial, on average, victims are waiting just under 50% longer once the case has been sent to the Crown Court, compared to pre-pandemic.

Delays prevent victims processing their trauma, with their lives put on hold as a result. This means some victims will simply decide to opt-out of the criminal justice process altogether, leaving them with no resolution and the public with the risk of a guilty criminal free to offend again. Over the past five years, there has been a steady increase in the number of cases where the victim withdraws pre-charge. In the last 5 years it has gone up from 9% (2014/15) to 26% currently. The problem is worst for the most serious, interpersonal offences like violence against the person, which has leapt from 24% in 2014/15 to 45% in 2019/20. Excessive delays in getting cases to trial may only exacerbate this trend. But delays for victims are nothing new and were endemic in our justice system long before COVID19. The case backlog before the pandemic stood at over 37,000. It has undoubtedly been exacerbated by the pandemic, but the pandemic is not how it started. The root cause was under investment, especially in sitting days for judges and part time judges.

So, while new Nightingale Courts and other measures introduced by HMCTS are welcome, the backlog will not be cleared overnight, and creative thinking is required if we are to keep victims engaged with the justice process long-term.

I am pleased MoJ is putting increased resource behind this pivotal role in the system, but I would like to have this confirmed and be sure that enough is being done to shore up this vital service. Each witness should have a dedicated caseworker in Witness Care. And the caseload of each WCU officer should not be unreasonable. This would mean that even if trials are delayed and court dates changed, witnesses will at least feel that they have been kept well-informed, and that they will have a named person that they can approach for updates.

In the May/June issue, I discussed the saying "Justice delayed is justice denied." Although standard reference works call it a late-twentieth-century maxim, I had found it in an 1868 speech by British prime minister William E. Gladstone and in an 1842 issue of the Louisiana Law Journal. I had also discovered that William Penn, in a 1693 book, had different wording for the same idea: "To delay justice is injustice."

Occasional Reflections, Offered Principally for the Use of Schools, by George Dillwyn (Burlington, New Jersey, 1815), is a collection of aphorisms. In it we find: "Justice delayed is little better than justice denied." So this phrase is indeed a very early nineteenth-century proverb (in the United States, too).

"To delay justice is injustice" appears to be substantially older than William Penn's use in 1693. In De Jure Maritimo et Navali (London, Third Edition, 1682), Charles Molloy says: "To deny or delay Justice, is injustice." A View of the Admiral Jurisdiction, by John Godolphin (London, 1661), says in the introduction: "To deny or delay Justice is Injustice."

There is a pamphlet titled Another Word to the Wise, Shewing that the Delay of Justice, Is Great Injustice, by John Musgrave, dated 1646. Content not available, but the long-winded title pretty much says it all.

The case of Professor Cyril Karabus, detained in Dubai for the past five months, is an egregious example of justice delayed. Dr. Karabus, a respected pediatric oncologist, practiced for many years at the Red Cross Hospital in Cape Town, South Africa where he led the oncology unit. There he cared for and saved the lives of many children with serious diseases. Care that earned him the respect and affection of his patients and their families.

279 One solution for such situations might simply be for the Government, the Ministry, Tribunals Ontario, and the Board to develop an expedited process allowing for brief reappointments. Given the normally cumbersome nature of the appointment process, this may present a challenge. However, it is worth the effort if it succeeds in eliminating the prejudice to parties that currently results when member departures necessitate rehearing of cases that have already been significantly delayed.

In summer 2020, the death of George Floyd at the hands of a police officer awakened in Americans a renewed sense of urgency. Protests broke out across the United States in a demand for justice, police reform and accountability.

The unified, clarion call for justice crossed all racial, religious, gender, age and socio-economic lines. It was the largest mass mobilization across the country since the Civil Rights Movement of the 1960s. This intersectional show of support and solidarity drew intense media coverage and displayed the strength of diverse groups standing in unison to demand change. In line with the trajectory of protest movements of the past, the demonstrations were true to the imperative for social and economic equality within a rapidly diversifying country.

Nida Khan is an independent journalist, producer and multimedia professional who has written extensively on issues impacting marginalized communities, civil rights, social justice issues, politics and more. Her work has appeared in such diverse outlets as U.S. News & World Report, HuffPost, CNN, The Women's Media Center, The New York Daily News, Essence Magazine and more.

Diverse, unified protests against rising hate crimes; intersectarian demonstrations demanding police reform; grassroots organizing and peaceful marches are ways to push back against bias and injustice.

Latin America and the Caribbean (LAC) has made important progress in strengthening the rule of law, however, as I mentioned in an earlier post, we continue to lag behind when compared to high-income countries, such as those of Western Europe. We understand the rule of law as the neutral and anonymous application of rule, where those who apply them are also subject to them. There are different ways in which the rule of law can deteriorate. One of these is the unequal access to justice, since this is a basic service to which everyone must have access in an expeditious manner. Justice that is delay, becomes, actually, injustice. be457b7860

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