Government to Target Criminal Case Backlog with Measures Like Plea Bargaining

Antigua and Barbuda’s justice system is set for a transformation with a suite of reforms designed to tackle the persistent backlog of criminal cases clogging the courts.

Attorney General Sir Steadroy Benjamin has announced that several pieces of legislation will be introduced in Parliament during the first quarter of 2026, fundamentally changing how criminal cases move through the system.

Speaking at the Eastern Caribbean Supreme Court and UNDP PACE Justice Lecture on Criminal Backlog at the High Court Thursday, Sir Steadroy outlined a plan that includes both legislative changes and administrative restructuring.

The centrepiece of the legislative package is the Voluntary Bail of Indictment Act, which will be the first bill presented to lawmakers.

Following closely behind is legislation that would introduce plea bargaining to Antigua and Barbuda’s criminal justice framework. This measure would empower the Director of Public Prosecutions to send certain cases directly to the High Court.

“This mechanism directly confronts procedural delays, by empowering the Director of Public Prosecutions to advance appropriate matters straight to the High Court, by passing over different processes that often obstruct timely justice,” he said.

Beyond new laws, the Attorney General revealed plans to establish a Public Defender’s Department—a dedicated office that would ensure legal representation for defendants who cannot afford private attorneys.

In another administrative initiative, the government plans to appoint a criminal master specifically for Antigua and Barbuda. This position would handle pre-trial matters and procedural issues, freeing High Court judges to concentrate on conducting actual trials rather than getting bogged down in administrative tasks.

To address immediate staffing needs, Sir Steadroy indicated that the Ministry of Legal Affairs is considering appointing acting magistrates to help manage the caseload at the lower court level. Plans are also in motion to bring in acting High Court judges to supplement the existing bench.