Deputy Director of Public Prosecutions Expresses Concerns Over Lack of Collaboration in Developing New Criminal Procedure Rules

The Deputy Director of Public Prosecutions (DPP) has raised concerns over the lack of involvement from key figures in the creation of new Criminal Procedure Rules aimed at tackling the court backlog.

Speaking at the Caribbean Association of Probation and Parole’s conference at the UWI Cave Hill School of Business on Tuesday, Alliston Seale questioned why only a select few were being allowed to contribute to the rules’ development.

He expressed frustration that a workshop on the Criminal Procedure Rules was running concurrently with the probation and parole conference, highlighting what he saw as a lack of genuine collaboration within the criminal justice system.

“We often talk about collaboration and cooperation, but I often wonder if we are really serious about it or are we paying lip service,” Seale said.

“Yesterday, just about the time that you were launching this most critical initiative, another sector of government was engaging in activity equally as important- a two-day workshop on draft Criminal Procedure Rules. It is being hosted by the Office of the Attorney General and Law Reform Commission for the identical period at Lloyd Erskine Sandiford Centre, only a short distance away,” he said.

The Deputy DPP emphasised that the new rules would have a significant impact on the Probation Department, particularly regarding sentencing processes.

“What really perplexes me is that these new rules will significantly impact the Probation [Department]. Some of the sections focus on sentencing and the efficacy of the sentencing process,” he noted.

According to Seale, the Criminal Procedure Rules were conceived to address long-standing issues of delay and backlog in the justice system. They aim to expedite trials and set deadlines for various processes, including the submission of police files and pre-sentencing reports.

“These rules are being made to speed up trials, set deadlines for things such as police files,” Seale explained. He added that some proposed timelines were “rather short”, citing a requirement for courts to receive pre-sentencing reports within 21 days of a conviction.

The commission overseeing the Criminal Procedure Rules workshop is chaired by former Chief Justice Sir David Simmons. Seale indicated that this body would determine the feasibility of the proposed timelines, which would affect various departments within the justice system.

Given the potential impact on the Probation Department, Seale argued that representatives should have been included in the consultation process. “There are a number of timelines that we are setting,” he said, stressing the importance of input from all affected parties.

Despite his concerns, Seale expressed hope that the new rules would help eliminate delays in the justice system.

“We would expect these things (delays) to be a thing of the past,” he said, explaining that clear deadlines would be established for file submissions and disclosures.