Judge-alone trials to be made permanent

The government of Antigua and Barbuda will introduce the Criminal Proceedings Trial by Judge Alone Amendment Bill, 2024, in the House of Representatives today. 

The bill aims to make trial by judge alone a permanent feature of the country’s legal system. The original law was introduced in 2021 during the COVID-19 pandemic and was given a two-year life-span. 

Last year, it was extended by a year and is now set to expire on June 7, 2022. The proposed amendment seeks to have the law made permanent before it expires next month.

The Attorney General, Sir Steadroy Benjamin, will introduce the proposed legislation.

Legal sources have revealed that the main reason for making judge-alone trials permanent is that it has helped reduce the backlog of cases that has been an issue for the High Court for several years. 

Additionally, there have been issues with juries in the past, and having a judge sitting alone makes for timely efficiency in the court system.

The Ministry of Legal Affairs has held discussions with the Bar Association and criminal lawyers to get some input on the proposed legislation.

The Bar Association has recommended that the accused should have a choice in determining whether they want to be tried before a jury or a judge alone.

On the other hand, the criminal lawyers did not have many concerns with the extension.

The original law had a list of offences that would be tried by Judge Alone, and according to legal sources, there have been no significant changes under the proposed legislation.

The legislation lists all indictable offences under the Larceny Act, the Forgery Act, the Misuse of Drug Act, Money-laundering and Prevention Act, the Proceeds of Crime Act, the Firearms Act, and the Prevention of Terrorism Act as among those matters that will fall under Judge Alone trials.

Moreover, the Legal Aid and Advice Centre Bill, 2024, will also have its first reading in the House of Representatives today.

The proposed legislation seeks to set up a centre that will help the less fortunate with legal representation before the courts. It will also provide for a public defender as part of the arrangement. However, debate on this legislation will take place at a later sitting as the Ministry of Legal Affairs is still accepting recommendations from the public on how best to operationalize the arrangement.