Judge-alone trials law proclaimed

President Paula-Mae Weekes.
President Paula-Mae Weekes.

LEGISLATION to introduce trials without a jury has been proclaimed.

On Friday, President Paula-Mae Weekes proclaimed section 2 of the Miscellaneous Provisions (Trial by Judge Alone) Act, 2017, giving effect to the law which will allow an accused person to choose between facing a jury or a judge alone.

The court can only make the order for such trials once it is satisfied that the person received legal advice from an attorney. The accused also has the option to change their mind after a reasonable time.

If the accused does not wish to be represented by an attorney, and they wish to be tried by a judge alone, then the court has to be satisfied of that person’s competence to make the decision.

Similarly, in a case with multiple accused people, then the court has to be satisfied that all of them have each elected to be tried without a jury and if they are to be tried for more than one offence, then the court also has to be satisfied that they wish to be tried by a judge alone for all the offences.

According to the Act, the judge sitting without a jury will have all the power, authority and jurisdiction to determine any question and to make any finding which would have been required to be determined by a jury. Judges will also be required to provide written reasons for their ruling in such cases.

At a recent panel discussion on the issue, hosted by the Judiciary’s Judicial Education Institute, Chief Justice Ivor Archie admitted that judge-alone trials will not, on its own, make a dent on the backlog of cases in the system.

But, he said, it was one of a range of tools available. “The introduction of trial by judge alone is not intended by any means nor do we pretend that it is a cure. It is within a range of tools available,” Archie said.

There are over 700 people waiting on remand for almost a decade for their trials to start.

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