Opposition Senator Malaka Parker has called for a comprehensive review of Antigua and Barbuda’s search warrant laws, arguing that stronger legal safeguards and clearer procedures are needed to protect constitutional rights while improving the effectiveness of criminal investigations.

Speaking during Monday’s debate on the Magistrate’s Code of Procedure (Amendment) Bill, 2026, Parker said the Opposition supports providing law enforcement with the necessary tools to combat crime but cautioned against expanding police powers without corresponding protections and oversight.

“The proposed amendment is not just an administrative change, nor does it clarify the law. In fact, it may have made the law more murky,” she told the Senate.

Parker said the country’s legal framework governing search warrants is currently spread across several statutes, including the Constitution of Antigua and Barbuda, which protects citizens against arbitrary searches and unlawful breaches of privacy.

She argued that while the Bill expands the circumstances under which search warrants may be issued to include any offence and allows police to seize items outside the scope of a warrant if they are suspected to be evidence, several important procedural safeguards remain undefined.

According to Parker, existing common law already allows officers to seize contraband that is plainly visible during the execution of a warrant. However, she warned that the broader language contained in the amendment could create constitutional concerns if not balanced by clear judicial oversight.

The Opposition senator proposed the creation of a single statutory framework governing all aspects of the search warrant process, including applications for warrants, judicial oversight, execution procedures, seizure of property, handling of electronic devices and digital evidence, inventories and receipts for seized items, reporting requirements to magistrates, retention and return of property, and the protection of legally privileged or confidential material.

Parker also cited legal precedents from Antigua and Barbuda and other Caribbean jurisdictions, noting that courts have consistently favoured stricter limitations on search warrant powers where constitutional rights are at stake.

“A search warrant is one of the most intrusive powers the State can exercise. It permits entry into a person’s home, business or private premises. Such powers must always be accompanied by clear legal safeguards that protect both the integrity of investigations and the constitutional rights of citizens,” she said.

Drawing comparisons with England and Wales, Parker noted that search warrants in those jurisdictions are governed by both legislation and detailed statutory codes of practice regulating police conduct before, during and after the execution of a warrant.

“Good legislation does not simply tell the police what they may do. It also tells them what they must do,” she said.

Parker argued that clearer procedures would also protect police officers by reducing allegations of misconduct, preserving evidence and lowering the risk of criminal cases being dismissed because of procedural errors.

She rejected suggestions that rising crime is the result of insufficient search warrant powers, saying the greater challenge lies in ensuring police have adequate resources, specialised training, forensic capabilities, digital investigative tools and clear operational procedures.
The senator also warned against portraying calls for stronger legal safeguards as opposition to law enforcement.

“Too often, defendants do not succeed because they are innocent. They succeed because evidence has been improperly obtained, procedures have not been followed, or constitutional safeguards have been ignored. Every time that happens, public confidence in the justice system suffers,” she said.

Parker concluded by urging broader criminal justice reform focused on strengthening institutional capacity rather than simply expanding statutory powers.

“We should invest in training, forensic science, digital investigation, modern case management and clear professional standards. That is how we improve conviction rates, reduce successful procedural challenges and build lasting public confidence in our justice system.”

She added that the rule of law is strengthened through lawful, transparent and accountable exercises of State power, rather than by granting authorities unchecked powers.