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After a lengthy debate in Parliament on Friday, Antigua and Barbuda’s Parliament has passed the Trial by Judge Alone Act 2021.
The amendment excludes cases involving alleged attempts to commit a crime from being eligible for judge-alone trials.
The amendment was made in response to concerns raised by legal experts and opposition members, including MP Sherfield Bowen, who argued that in cases of inchoate offenses, where intent and preparation are crucial, a jury’s nuanced judgment is necessary.
The Attorney General introduced the bill to streamline the backlog of cases caused by the COVID-19 pandemic and enhance the efficiency of the criminal justice system.
The bill is also aimed at improving judicial processes, and the exclusion of attempted offenses is a significant concession to critics who feared potential biases and injustices in the handling of such sensitive cases.
The Attorney General highlighted the effectiveness of judge-alone trials, particularly in cases such as sexual offenses where victims might be hesitant to come forward in a traditional jury trial setting.
“Many women dont want to go to court when something happens to them years after it happened. But when you have a judge alone, you can present your case in a private forum away from the accused person,” Sir Steadroy said
The Attorney General reassured the public that a Public Defender’s system is also on the agenda to enhance access to justice for all citizens.
The Attorney General 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.
“We have had the input of the Criminal Bar and they are all in complete agreement”, he said
This Trial by Judge Alone Act 2021 was implemented and passed to protect the ABLP candidates and their children whenever they have a case before the courts. It has nothing to do with poor people’s pickney and them.