— Strengthening plea bargain efforts also on the agenda this year
THE government plans to abolish preliminary inquiries (PI) in the Magistrate’s Court for indictable criminal offences in a bid to reduce the time persons facing capital offence charges spend on remand while awaiting trials in the High Court.

Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C recently made this disclosure during his online show, “Issues in the News.”

With the abolishing of PIs, the long backlog of cases at the High Court and having persons languishing on remand in prison should be addressed.

“Too many years are spent waiting for a preliminary inquiry into capital offences to be concluded in the Magistrate’s Court, whereas most of the Commonwealth have abolished it and they do paper committals.

“So, you go straight from the Magistrates Court, straight to the judge and jury for your trials. It makes no sense having you in for three to four years in the Magistrate’s Court and in remand in the prison. So obviously that will move the backlog again to the High Court and we’ll have to work with that,” the AG said.

He explained that Guyana cannot “continue with preliminary inquiries anymore” and has to keep up as the legal world is changing.

The basic PI procedure is set out in the Criminal Law (Procedure) Act, Chapter 10:01 which involves the taking down in writing of oral evidence given on oath before the magistrate.

The written documents, signed by the witnesses and magistrate, are termed depositions. If the magistrate is of the opinion that the evidence has established a prima facie case, i.e., a sufficient case for the accused to answer at trial on indictment in the High Court before a judge and jury, the accused person must be cautioned and given an opportunity to give oral evidence and to adduce evidence of any witnesses.

Any such evidence given by the accused or witnesses will be taken down in writing, signed by those testifying and the magistrate, and kept with the depositions.

The procedure was amended by the Criminal Law (Procedure) (Amendment) Act 2008 to enable evidence to be adduced at PI proceedings by way of statements, documents, writings, and other articles tendered in the absence of the witnesses, but the Magistrate may require certain witnesses to attend to give oral evidence and to be cross-examined.

In cases of proceedings concerning sexual offences, the Sexual Offences Act 2010 provides for a new procedure of paper committals (that is, committals based on written statements, documents and depositions, with no oral PI).

If the magistrate determines that the oral and/or written or other evidence adduced at the PI does not make out a sufficient case to commit the accused for trial before judge and jury for any indictable offence disclosed by the evidence, the accused must be discharged by the magistrate.

The discharge does not, however, amount to an acquittal, as a PI is not a trial. The Director of Public Prosecutions (DPP) holds statutory power to remit the case to the magistrate with directions to reopen the PI and to commit the accused for trial.

There have been cases where more than one PI has been held in the Magistrates’ Court, resulting in long delays in bringing the accused to jury trial.

PLEA-BARGAIN LEGISLATION
Additionally, the government will also be strengthening the plea-bargaining legislation. Nandlall said that Guyana has a modern Plea-Bargaining Act. For some reason, however, he opined that it has not worked and as such, the State has commissioned a review of the law.

“Tell us what is the problem and why is it not working? Why is it that the defence and the prosecutor can’t sit down and work out an arrangement in some cases, where it’s appropriate to do so? That’s happening all over the world, and it saves a lot of judicial time. It saves a lot of time in the criminal justice system,” the Attorney General added.

Recently, the Government of Guyana, through the Ministry of Legal Affairs and the Inter-American Development Bank, signed a loan agreement for an intervention in the justice sector of Guyana.

The Support for the Criminal Justice System Programme seeks to address institutional issues which affect Guyana’s criminal justice system. The Support for the Criminal Justice System Program intends to apply part of the proceeds towards consulting services.

The Ministry of Legal Affairs had invited eligible “Individual Consultants” for consultations on the draft a Bill to Abolish Preliminary Inquiries in Criminal Proceedings in Guyana; and to review and provide recommendations on the Plea Bargaining and Plea Agreement Act.