ATTORNEY General and Minister of Legal Affairs, Anil Nandlall SC MP, has underscored that the dynamic nature of law must adapt to an evolving society and warns against legal stagnation, which can lead to a breakdown of law and order.
Nandlall, speaking on Wednesday at the first-ever “Legal Conference on Criminal Justice Reform – Advancing the Needham’s Point Declaration,” held at the Guyana Marriott Hotel, pointed out the increasing sophistication of crime in the Caribbean, facilitated by easy access to technology and firearms, and stressed the need for a comprehensive overhaul of the region’s criminal justice systems.
The two-day conference, has drawn legal experts and stakeholders from across the Caribbean and beyond.
In his opening remarks, the Attorney General and Minister of Legal Affairs emphasised the conference’s role as part of the Support for Criminal Justice System (SCJS) Project, funded by the Inter-American Development Bank (IDB). The primary objectives of this project are to reduce pre-trial detentions and increase the use of alternative sentencing.
The conference’s conception was inspired by the 7th Biennial Law Conference of the CCJ Academy for Law held in Barbados in October 2023, which led to the Needham’s Point Declaration.
Attorney General Nandlall recognised the alignment between the declaration’s goals and the SCJS Project, prompting a collaboration with Justice Winston Anderson, Chairman of the CCJ Academy for Law, to organise the historic event.
Attorney General Nandlall expressed his hope that the conference would be the first of many, extending beyond criminal justice to cover other critical areas of law, including civil law, constitutional and public law, commercial law, oil and gas law, environmental law, and new frontiers like artificial intelligence.
In his address, Nandlall stressed the need for the law to remain dynamic and responsive to societal changes. He warned that stagnation in the legal system could lead to social chaos, a reality faced by many jurisdictions in the Caribbean. The region’s escalating violence, organised crime, and the sophisticated operations of criminal networks necessitate comprehensive legal reforms.
“As students of the law, we know too well that the law must remain organic; and must be nurtured, shaped and moulded to meet the exigencies of an ever evolving society and the dynamic human conduct it is intended to govern. On the converse, stagnation of the law will result in societal evolution beyond the regulatory capability of the law. This resultant social advancement without a commensurate legal regulatory framework, is what leads to a breakdown of law and order and consequential social chaos,” the Attorney General noted.
Nandlall referenced the recent CARICOM summit, which identified crime and violence as public health issues. This summit, held in Trinidad in April 2023, resulted in resolutions calling for a holistic and inclusive Criminal Justice Reform Strategy. The Needham’s Point Declaration echoed these sentiments, advocating for urgent regional collaboration to address those challenges.
The Attorney General underscored the importance of judicial predictability, emphasising consistent and sound decision-making. He also highlighted the role of competent lawyers and judges in navigating the complexities of modern legal challenges, including distinguishing between AI-generated and realistic evidence.
Nandlall acknowledged the region’s lag in digitisation but reiterated Guyana’s commitment to supporting the continuous educational advancement of the Caribbean Court of Justice (CCJ). He emphasised the necessity for updated legislation and the swift implementation of remedial measures to address current legal deficiencies.
The conference’s comprehensive programme includes discussions on various aspects of criminal law, modern legal concepts, institutional challenges like delays and abuse of process, and guidance for aspiring criminal law practitioners. Nandlall urged participants to engage in robust and candid discussions, emphasising that extraordinary circumstances require extraordinary responses.
As the conference unfolds, it promises to be a thought-provoking and constructive platform for addressing the pressing legal challenges facing the region. Attorney General Nandlall concluded by wishing all participants a fruitful and solution-oriented conference, aimed at advancing criminal justice reform in Guyana and the wider Caribbean.