Senators meeting in the UPPER HOUSE

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By Aabigayle McIntosh

The government made further advancements yesterday in the move to make judge-alone trials a permanent fixture within the judicial system in Antigua and Barbuda.

The Upper House of Parliament received the nod of approval for Senators from both sides on Tuesday.

Originally introduced as a temporary measure aimed at tackling the backlog of cases exacerbated by the COVID-19 pandemic, the legislation’s sunset clause was extended twice before a proposal to eliminate it entirely.

Leader of Government Business in the Senate, Senator Samantha Marshall explained the move to make the provision permanent represents emerging changes in the system.

“Several articles are coming out of Australia which support it. We have it in the UK, It’s also in Canada and several other jurisdictions. There are even some Caribbean jurisdictions that do have similar legislation,” Marshall said.

Senator Marshall pointed out that the Judge Alone option expedites the court process.

“You can have easily 50 to 60 matters set on the Assizes. But because of the system and because you would have had a trial by July when I was leaving.

Judge-alone trials remove the need for the presence of a jury in select criminal matters, including indictable offenses under the electronic crimes and firearms acts.

It also set aside provisions for the presiding judge to prepare a written judgment detailing the rationale behind their verdict.

Meanwhile, the Leader of the Oppositions Business in the Senate business, Senator Shawn Nicholas said perpetrators or the accused to be given the freedom to opt out.

“To say whether or not it is working, we believe that it is working it has been tried and tested, we are at a stage now when we are Asking for it to be terminated. My thinking is, to make it permanent but I review it over time.

The Bahamian government made a bold move recently by introducing legislation, but the new system will give defendants and accused persons the option to choose, which system they prefer once authorities determine that that person is competent to do so.

The move by the administration of Prime Minister Phillip Davis follows what is taking place in Antigua.