Justices of the Peace change stance, decide to provide full services

THE Justices of the Peace Association of TT (JOPATT) has reversed a decision it took last week to withhold some of their services until they had received clarification on the impact of the Indictable Proceedings Act on their roles and functions.

In a statement on December 7, the Office of the Attorney General and Ministry of Legal Affairs (AGLA) said the Administration of Justice (Indictable Proceedings) Act, 2011 (“AJIPA”) and its six amending acts would be proclaimed on December 12.

The AGLA said the proclamation of the act "which abolishes preliminary enquiries, will create sweeping changes to the functioning of the courts and the dispensation of justice, reduce case backlog, ease the burden on witnesses and significantly eliminate the wastage of time and resources in the disposal of indictable matters."

The AGLA added that citizens could now anticipate a thoroughly reformed, highly streamlined, and entirely operational pre-trial system that has been under development for several decades.

In a statement last week, the judiciary said the amended law transformed the process for indictable matters, such as murder, kidnapping, money laundering and some forms of sexual abuse, by removing preliminary enquiries and allowing cases to go straight to the High Court.

The act also introduces initial hearings which will be conducted by a master of the High Court when the case is filed, or the next working day.

At that time, JOPATT president Colin Baggan said the wording of the law caused some members believed justices of the peace were no longer permitted to perform some functions.

Section 1c of the act allows a master of the High Court to issue a warrant under certain circumstances.

But section 1d states, "The power to issue a warrant by this section does not preclude the exercise of such powers under any written law."

Baggan added that ,until the association received clarification on the matter, its members would perform all of their functions except for signing warrants and granting bail.

On Monday, Baggan said that decision had been reversed.

"I will be willing to continue my usual duties until otherwise (told) by the AG's office."

Baggan said he would be advising the association's members to do the same.

He added that to do otherwise could have a negative impact on the collective effort of several agencies, including JOPATT and the police, to fight crime.

"If we are to withhold our services in that particular regard, the police will be in a very difficult position to pursue their investigations."

Baggan said the signing of warrants by JOPATT members was critical to the police being able to perform certain actions which are key to their investigations such as the seizing of illicit materials.

"I think this is a fair approach in relation to our contribution to the crime fight."

Baggan estimated that JOPATT has approximately 138 members.

Last week, Baggan said he had sought legal advice on this matter.

He also wrote to President Christine Kangaloo in the hopes that she would direct him to the relevant office in the AGLA to discuss the matter and other issues.