Government's New Criminal Procedural Rules Garner Support from Legal Fraternity

The legal fraternity has given the thumbs up to the government’s proposed new criminal procedural rules expected to be implemented by the end of September.

Attorney General Dale Marshall announced on Monday that the new rules are aimed at accelerating the processing of criminal cases.

Martie Garnes, convenor of the Barbados Bar Association’s Criminal Law Committee told Barbados TODAY: “We welcome the proposed criminal procedural rules . . . and there has been dialogue between both parties. We are supposed to submit any comments, queries or recommendations in respect of the rules.”

Garnes endorsed Marshall’s comments that dialogue is likely between the Department of Public Prosecutions, the Bar Association, the AG’s Office, the Probation Department and the commissioner of police. He acknowledged that all of these have different roles to play in the justice system.

“The criminal procedural rules are designed to make sure there is accessible justice and to make sure that justice is given in a fair and reasonable time,” Garnes explained. “Basically, it is at a sensitive stage, and we are just trying to discuss and make sure that we are doing the right thing.”

At a meeting of the CARICOM Implementation Agency for Crime and Security (IMPACS) at the Lloyd Erskine Sandiford Centre, Marshall outlined the proposed changes recommended by the Law Reform Commission, chaired by Sir David Simmons.

The new system will introduce a preliminary hearing before a magistrate, allowing the accused to enter a plea. Cases will then promptly move to the High Court for a sufficiency hearing, where a judge will assess the evidence to determine if there are grounds to proceed to trial.

Marshall stated: “The criminal procedural rules have been with the Bar [Association] since May; it’s also been with the commissioner [of police]; it’s also been with the Office of the DPP [Director of Public Prosecutions].” He added that a symposium with all stakeholders would be held to address any issues before implementation.

The attorney general also highlighted recent improvements in case disposal rates, citing the resolution of 584 cases in the past 18 months, including 67 murder cases. This progress was attributed to the appointment of additional judges and other systemic changes.

Marshall noted: “When we came to government, they only had two judges; there is no way two judges could have disposed of 584 cases. Of those 584 cases, 67 were murder cases. I think it’s an indication that the things we have been putting in place have worked.”

But the AG emphasised that more work is needed, revealing that 1 600 indictable cases are currently awaiting trial. (EJ)