BRINGING greater efficiency to extradition proceedings in Guyana, the Fugitive Offenders (Amendment) Bill 2024 was, on Monday, passed in the National Assembly.
The bill amends section 24 of the act, which provides for the types of documents that may be admissible as evidence in extradition proceedings. It was read for a second and third time during the 83rd sitting of the Twelfth Parliament.
During the second reading, Minister of Legal Affairs and Attorney General, Anil Nandlall S.C. said that it was a positive regime of amendments that will modernise Guyana’s extradition law and will further enable Guyana and other territories in tackling transnational crimes.

“The Fugitive Offenders Amendment Bill is one that is timely and one that is necessary as we continue as a country and as a jurisdiction in a region to combat organised crimes and to combat transnational crimes,” he said.
Against this backdrop, the minister added that every country is required, at periodic intervals, to update its relevant legislation and added that the last set of amendments were made to this act some 15 years ago and, as such, he emphasised the need for the new amendments.

Speaking directly on the amendments to be made to the law, he said that the bill seeks to allow to be admitted into evidence in Guyana the record of evidence that was adduced in the relevant territory which he said is a superior position than what existed before.
Nandlall added, “Here you have a complete record of the proceedings and they define record of proceedings as documents, statements or other evidence including photographs, fingerprint or other description of the person which describes the identity and probable location of the person sought.”
Added to this, a statement of the facts of the case including the possible time and location of the offence, a statement of provisions of law describing essential elements and the designation of the offence for which the extradition is required are all catered for in the amendment.

Meanwhile, opposition members, Khemraj Ramjattan and Geeta Chandan-Edmond while noting that it is critical to strengthen the fugitive offenders act, rose and raised their concerns about the amendments.
The Attorney General, however, noted that there is a provision in the act that might have caused disquiet with the opposition.
Quoting that provision, he said, “It says this, a record of evidence of the case against the person, including evidence that would not otherwise be as admissible under the laws of Guyana, shall be admissible in evidence.”
As such, he emphasised the process that will have to be followed by the presiding magistrate and noted that they would embark on a process akin to a preliminary inquiry.

With that, Nandlall told the house that there is nothing in the amendment that can possibly compromise due process as it currently exists.
Further to this, there are a series of safety mechanisms included to ensure the authenticity and to authenticate what is the record of evidence that the magistrate will preside over and assess.
As part of this, the record of evidence received against a person shall be admissible in evidence if it is accompanied by an affidavit from an officer of the investigating authority or prosecutor, stating that the record of evidence was prepared by or under the direction of that officer and that the evidence has been preserved for use in the person’s trial.

Additionally, it must be accompanied by a certificate bearing an official stamp of the Attorney General or principal law officer of the country.
The amendments passed form part of a robust enhancement of Guyana’s legal framework thus aligning it closely with international standards and facilitating smoother extradition processes.