Govt to soon table Bill to abolish Preliminary Inquiries
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Attorney General and Legal Affairs Minister Anil Nandlall, SC
The Government intends to lay in the National Assembly soon, the Criminal Law Procedure (Paper Committals) Bill 2023 which envisages the abolition of Preliminary Inquiries and the substitution thereof with Paper Committals.
This comes on the heels of a series of measures the Government is undertaking to modernise and make the country’s criminal justice system more efficient.
In a statement on Friday, the Attorney General’s Chambers said that the Bill will be soon taken to the Cabinet as the Government intends to lay it in the National Assembly.
“The Attorney General Chambers and Ministry of Legal Affairs in June 2023 invited comments in writing on the draft Criminal Law Procedure (Paper Committals) Bill 2023.”
According to the statement, submissions were solicited from the Chambers of the Director of Public Prosecutions (DPP), the Office of the Police Legal Advisor, the Guyana Bar Association, the Berbice Bar Association, and the Law Reform Commission.
The Explanatory Memorandum of the Bill said that the intent is to provide for the abolition of Preliminary Inquiries; to provide for the procedure in respect of Paper Committal proceedings in criminal matters; and for matters connected thereto. This Bill is divided into three Parts and contains 24 Clauses.
The Attorney General’s Chambers explained that Paper Committals involve reviewing the evidence and arguments presented by both the Prosecution and the Defence in written form, rather than conducting an in-person hearing.
Under the new system, the Magistrate will review the written submissions and make a determination based on the available evidence, the Chambers further said.
“The Paper Committal process saves time and resources by eliminating the need for witness testimony and cross-examination during the preliminary inquiry stage. This will inevitably save judicial time, reduce the backlog of criminal cases and reduce the prison population on remand.”
It posited that the Bill will bring Guyana on par with jurisdictions across the Caribbean and the Commonwealth that has already abolished the use of Preliminary Inquiry.
In this regard, the Chambers said that recently, while in Guyana, Judges of the Caribbean Court of Justice (CCJ) hailed this measure as one that has worked with great success in the Caribbean and across the Commonwealth in reducing the backlog of cases, reducing time spent on remand, bringing greater speed, and overall improving the efficiency in the criminal justice system.
“The Paper Committal system was introduced into Guyana by the Sexual Offences Act in 2010. It has survived several legal challenges and has worked reasonably well,” posited the Chambers.
In June, the Government announced that the Criminal Procedure (Plea Discussion and Plea Agreement) Bill had been drafted and would soon make its way to the Cabinet and then the House.
This Bill is designed not only to ensure proper sentencing for offenders, but to expedite criminal proceedings and hopefully, reduce the court backlog.
“The Bill seeks to provide for the establishment of a system of plea discussion and plea agreements in criminal proceedings. Its primary intent is to provide the opportunity for prosecutors and accused persons to meet under specific circumstances and negotiate a settlement acceptable to the principles of justice,” the Attorney General’s Chambers explained.
“This will inevitably save judicial time, reduce the backlog of criminal cases, reduce the prison population on remand while at the same time ensuring that accused persons face penalties proportionate to the crimes committed.”
https://guyanatimesgy.com/govt-to-soon-table-bill-to-abolish-preliminary-inquiries/
