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Basseterre, St. Kitts, September 18, 2024 (SKNIS): The National Assembly of St. Kitts and Nevis has passed the Judge Alone Trials Bill, 2024, marking a significant step toward enhancing the efficiency and equity of the criminal justice system. The Bill was moved through the Assembly by the Honourable Garth Wilkin, Attorney General (AG) and Minister of Justice and Legal Affairs, and it received widespread support from Members of Parliament during the debate.

The Honourable Garth Wilkin, in leading the debate, highlighted that the Bill aims to introduce judge-alone trials in the High Court for appropriate criminal matters. The Bill seeks to alleviate the backlog of criminal cases and expedite justice delivery by allowing certain high court matters to be tried before a judge alone instead of before a judge and jury. This would apply to specific offences listed under various Acts, such as the Firearms Act, Anti-Corruption Act, Drugs Prevention Act, and others.

 

Attorney General Wilkin emphasised the necessity of such reforms.

“What this Bill intends to do is to enhance the efficiency of our criminal justice system. By allowing certain criminal trials to proceed without a jury, we can significantly reduce case backlogs and expedite the delivery of justice. This is particularly important in cases involving complex legal issues where a judge’s specialised knowledge can lead to more informed and accurate decisions.”

He noted that judge-alone trials are already a common practice in the Magistrate’s Court, which handles serious criminal matters without the involvement of juries. The Bill will extend this practice to the High Court, impacting approximately 30 percent of criminal trials.

“In other words, approximately 30 percent of trials could be concluded quicker, with no loss of fairness or justice,” Wilkin stated, while also assuring that the majority of cases will still be tried by a jury.

The Bill also reflects global trends, with many Commonwealth countries having successfully implemented similar legislation. “The concept of judge alone trials is not new. Many Commonwealth jurisdictions, including Antigua & Barbuda, Trinidad & Tobago, Jamaica, Belize, Turks and Caicos, the Cayman Islands, New Zealand, and Australia, have successfully implemented such legislation. These countries have recognized the need for a more streamlined judicial process, particularly in cases where jury tampering or the safety of jurors is a concern,” added AG Wilkin.

One of the key benefits of the Judge Alone Trials Bill, 2024, is the protection it affords to jurors in high-risk cases and the expedited decision-making process in cases with complex legal issues. The Bill ensures that justice is delivered fairly and swiftly, with judges utilising their extensive experience to adjudicate cases impartially.

Importantly, the Bill does not seek to eliminate jury trials but provides an alternative for specific cases where a judge-alone trial is deemed more appropriate. This reform is in line with the “Needham’s Point Declaration on Criminal Justice Reform,” which advocates for judge-alone trials in select circumstances to reduce case backlogs and expedite justice delivery.

“This Bill represents a significant step forward in our ongoing efforts to innovate and reform our criminal justice system, ensuring it is both efficient and equitable. As a small island nation, we must be at the forefront of adopting practices that not only enhance our judicial processes but also align with our vision of a Sustainable Island State,” stated AG Wilkin.

The Judge Alone Trials Bill, 2024, further outlines provisions for specific offences that would qualify for judge-alone trials, and ensures fairness through mandatory case management conferences, detailed written reasons for judgments, and an appeal process. The Bill is a forward-thinking piece of legislation that seeks to modernise the criminal justice system, promote fairness, and optimise the allocation of judicial resources.