ST. JOHN'S, Antigua — Opposition Senator Malaka Parker has called on the Government to undertake a comprehensive reform of Antigua and Barbuda's laws governing search warrants, searches and seizures. According to Antigua News Room, Senator Parker argued before the Senate on Monday that stronger procedural safeguards and clearer statutory guidance would improve criminal investigations, enhance public confidence, and better protect both police officers and citizens.
Speaking during debate on the Magistrate's Code of Procedure (Amendment) Bill, 2026, Senator Parker said the Opposition supports equipping law enforcement with effective investigative tools to combat crime. However, she warned that expanding police powers without equally strengthening procedural safeguards risks undermining the administration of justice.
"The proposed amendment is not just an administrative change, nor does it clarify the law. In fact, it may have made the law more murky," she said.
Senator Parker noted that the Bill broadens the circumstances under which search warrants may be issued by extending them to any offence, and expands police powers to seize items outside the scope of a warrant based on mere suspicion that they may constitute evidence. She argued that while common law precedent granting police the right to seize contraband in plain view was reasonable and well-defined, the broad language of the Bill risks running afoul of citizens' rights and the need for judicial oversight, while leaving critical aspects of the warrant process undefined.
She pointed out that search warrant legislation is currently spread across several statutes, including the Constitution of Antigua and Barbuda, which contains explicit restrictions on arbitrary searches and unlawful breaches of privacy rights. Her position was clear: the answer to rising crime is not simply broader police powers.
"The answer is better policing, better laws, better training and greater accountability," she said.
Senator Parker argued that Antigua and Barbuda should move toward a single, comprehensive statutory code governing every stage of the search warrant process, including applications for search warrants; judicial oversight; execution of warrants; seizure of property; treatment of electronic devices and digital evidence; inventories and receipts for seized items; reporting obligations to the issuing Magistrate; retention and return of property; and protection of legally privileged and confidential material.
She cautioned that courts throughout the Caribbean region have consistently leaned toward more restrictive interpretations of warrant powers, and she placed before her Senate colleagues a number of case precedents demonstrating that constitutional challenges had succeeded even in Antigua and Barbuda.
"A search warrant is one of the most intrusive powers the State can exercise. It permits entry into a person's home, business or private premises. Such powers must always be accompanied by clear legal safeguards that protect both the integrity of investigations and the constitutional rights of citizens," she said.
Senator Parker pointed to modern Commonwealth jurisdictions such as England and Wales, where search warrants are governed not only by legislation but also by detailed statutory codes of practice regulating police conduct before, during and after the execution of a warrant.
"Good legislation does not simply tell the police what they may do. It also tells them what they must do," she said.
She stressed that stronger procedural safeguards would equally benefit law enforcement officers themselves. "Properly codified procedures protect honest police officers from allegations of misconduct, preserve the integrity of evidence, and reduce the likelihood that criminal cases collapse because of procedural errors or abuse of process."
Senator Parker rejected the notion that rising crime stems from insufficient search warrant powers, arguing instead that the justice system's core challenge lies in resourcing and capacity.
"The challenge facing our justice system is not that Magistrates are unwilling to issue warrants or that the law lacks investigative powers. The challenge is ensuring that our police service has the resources, specialised training, forensic capacity, digital investigative tools and clear operational procedures necessary to conduct lawful and effective investigations."
She also pushed back against any characterisation that calls for conscientious legislation amount to opposition to the police or support for criminals.
"Too often, defendants do not succeed because they are innocent. They succeed because evidence has been improperly obtained, procedures have not been followed, or constitutional safeguards have been ignored. Every time that happens, public confidence in the justice system suffers."
Senator Parker concluded with a broader call for criminal justice reform centred on institutional capacity rather than the expansion of statutory powers.
"We should invest in training, forensic science, digital investigation, modern case management and clear professional standards. That is how we improve conviction rates, reduce successful procedural challenges and build lasting public confidence in our justice system. The rule of law is strengthened not by giving the State unchecked power, but by ensuring that every exercise of power is lawful, transparent and accountable."
