Antigua and Barbuda’s Parliament has successfully passed “An Act to Amend Criminal Proceedings, Trial By Judge Alone Act 2021,” following an intensive debate and a significant amendment.
The amendment, made during the committee stage, crucially excludes cases involving alleged attempts to commit a crime from being eligible for judge-alone trials.
This legislative update reflects a response to concerns highlighted by legal experts and opposition members, including MP Sherfield Bowen, who argued that inchoate offenses, where intent and preparation are pivotal, require the nuanced judgment that a jury can provide.
Inchoate offenses include attempts, conspiracy, and encouragement of crimes.
Bowen’s advocacy was instrumental in guiding this amendment, emphasizing the importance of safeguarding the rights of the accused in complex legal scenarios.
The Attorney General championed the bill, originally introduced to streamline the backlog of cases exacerbated by the COVID-19 pandemic and to enhance the overall efficiency of the criminal justice system.
While the bill retains many of its original features aimed at improving judicial processes, the exclusion of attempted offenses marks a significant concession to critics who feared potential biases and injustices in the handling of such sensitive cases.
During the parliamentary debate, the Attorney General underscored the effectiveness of judge alone trials, particularly in sensitive cases such as sexual offenses where victims might be hesitant to come forward in a traditional jury trial setting.
He argued that such trials offer a more conducive environment for justice, ensuring that victims feel safer and more respected throughout the process.
In his remarks, the Attorney General highlighted Antigua and Barbuda’s pioneering role in the Caribbean region’s judicial reforms, describing the legislation as a progressive step forward.
He reassured that the introduction of a Public Defender’s system is also on the agenda, aimed at bolstering legal support for those unable to afford private representation, thus enhancing access to justice for all citizens.
Looking towards the future, the Attorney General expressed his commitment to ensuring that the justice system in Antigua and Barbuda remains robust, efficient, and fair.
He called on Parliament to support the permanent establishment of judge alone trials, citing them as crucial for maintaining the integrity of the judicial process, eliminating potential biases, and swiftly dealing with cases to prevent future backlogs.
