Name(s):
Inordinate legal delay
Overloading of courts
Court delay
Time lag in legal provisions
Delays in judicial process
Nature
The rate at which cases can be processed in courts is slow relative to the increase in the number of cases. This leads to the accumulation of a backlog of untried cases. Because of these delays, those accused who are imprisoned without the right of bail may spend much longer in gaol than the crimes with which they are accused warrant, even before the validity of the charge is clarified; and they may be innocent. Conversely, those guilty of the crimes with which they are accused, but who are allowed bail, may enjoy freedom for some time before justice can be administered. In addition, the existence of a backlog of cases may frustrate attempts to try each satisfactorily. Cases maybe prepared by inexperienced staff resulting in some injustices or more delays. Cases prepared too quickly may result in similar problems.