The government is going to parliament today to enact legislation to make
permanent the law providing for trials at the High Court to be presided over by a
judge sitting along without a jury.
Attorney General, Sir Steadroy Benjamin will introduce the Criminal Proceedings
(Trial by Judge Alone) (Amendment) Bill, 2024, when the House of
Representatives convenes a sitting at the parliament chambers today.
The amendment is designed to make trial by judge alone a permanent feature of the
legal system of Antigua and Barbuda. The original law was introduced in 2021
during the COVID-19 pandemic and given a two-year life-span. Last year, it was
extended by a year to expire on June 7 this year. By way of the amendment,
government is moving to have the law made permanent before it expires next
month.
“The rational for making the judge alone trial permanent is that it has helped to
reduce significantly the backlog of cases that has been an issue for the High Court
for several years. Additionally, whilst there have been issues with juries in the past,
having a judge sitting alone makes for timely efficiency in the court system,” legal
sources told Point Express newspaper.
The Ministry of Legal Affairs held discussions with the Bar Association as well as
criminal lawyers to get some input in the proposed legislation. The main
recommendation coming from the Bar Association was that the accused should
have a choice in determining whether he/she wanted to be tried before a jury or a
judge alone. On the other hand, the criminal lawyers did not have much concerns
with its extension.
The original law had a list of offences that would be tried by Judge Alone and
according to the legal sources, there have been no significant changes under the
proposed legislation. The legislation lists all indictable offences under the Larceny
Act, the Forgery Act, the Misuse of Drug Act, Money-laundering and Prevention
Act, the Proceeds of Crime Act, the Firearms Act and the Prevention of Terrorism
Act as among those matters that will fall under Judge Alone trials.
“Once an offence goes before the High Court for trial, then it would be subject to
Judge Alone trial,” the legal sources stated.
Meanwhile, another legislation – the Legal Aid and Advice Centre Bill, 2024, will
have its first reading in the House of Representatives today. Debate on this
legislation will take place at a later sitting as the Ministry of Lega Affairs is still
accepting recommendations from the public on how best to operationalize the
arrangement.
The idea is to set up this centre that will help the less fortunate with legal
representation before the courts. It will also provide for a public defender as part of
the arrangement.
