Legislative reforms to enhance rule of law and strengthening justice system

CHARLESTOWN, Nevis, September 26th,  2011 (CUOPM) – The present holding of a preliminary enquiry into criminal matters prior to trial is being described as “archaic, detrimentally automatic, uses up scarce judicial resources with no corresponding legal benefits to the criminal justice system and delays the conduct of trials.”  
 
This view was expressed by Attorney General and Minister of Justice and Legal Affairs, the Hon. Patrice Nisbett who said the system is seen as a double-edged sword, which can prejudice the interests of both the prosecution and the defence to an early trial.
 
“Some opponents of the Preliminary Inquiry system point to the fact that very few cases are dismissed by Magistrates at Preliminary Inquiries, yet the bulk of the unfiltered cases go for trial at the Supreme Court, only to be dismissed after a full trial. In such cases, Inquiries are viewed as serving no useful purpose,” Mr. Nisbett told the formal opening of the New Law Term.
 
He said the Government has already introduced a Bill, shortly entitled the Magistrates’ Code of Procedure (Amendment) Bill, 2011, in the National Assembly seeking to abolish the system of Preliminary  Inquiries in order to enable cases to be brought for trial at the  Supreme Court expeditiously.
 
The Attorney General said a new bail and DNA legislation will soon be sent to lawmakers in the St. Kitts and Nevis National Assembly.
 
“The Bail Bill seeks to make provision to the effect that a court is not to grant bail to a defined class of persons with respect to certain categories of offences. The DNA Bill seeks to introduce modernized procedures for DNA testing,” Mr. Nisbett said.
 
He said the legislative reforms which the Government has initiated in relation to the criminal justice system in order to strengthen the delivery of criminal justice.
 
“I believe that these legislative reforms will go a long way in enhancing the rule of law and strengthening our justice system, and this is of paramount importance to all of us,” said the Attorney General.
 

 

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