Faster trials, shorter jail time closer with introduction of plea bargaining, paper committal acts

Described as two of the most “modern” pieces of legislation in the Caribbean, Attorney General and Minister of Legal Affairs, Anil Nandlall has said the Criminal Procedure (Plea Discussion and Plea Agreement) Act and the Criminal Law Procedure (Paper Committal) Act was introduced to transform the criminal justice system.

Both legislations, one of which is already in operation, paves the way for shorter sentence time and robust case management which could tackle case backlogs.

Already, preliminary inquiries have been replaced with paper committal.

“These two pieces of legislations are the most modern expression of the systems possibly in the Caribbean.

“We come from a tradition where our people want their day in court.

“That is why we are struggling even in the civil arena with concepts such as mediation and conciliation,” Nandlall said.

The Attorney General was at the time addressing judicial workers, including lawyers and prosecutors, who are participating in a workshop to discuss the two pieces of legislation.

The aim is to ensure persons are aware of the provisions catered for under these legislations and they benefit.

These laws include essential elements of the Needham Points Declaration which is mandated to be made at all levels of the criminal justice system.

“There is a culture that we are fighting against. We come from a tradition where our people would like to be in court,” Nandall said.

According to Nandlall, the defence faces great disadvantages when cases don’t run their course.

The plea bargaining law, Nandall said, is mandatory.

“For plea bargaining….it is the duty of the court to inform the accused or defendant that the option is available and he must explore that with the prosecution,” Nandall said.

The Criminal Law Procedure Plea Agreement and Assistance Act was bought into operation on January 21, 2025.

The law allows prosecutors and defendants to negotiate agreements before a verdict is pronounced upon.

The Criminal Law Procedure (Paper Committal) Act 2024 is yet to be implemented as time was requested by the judiciary to facilitate the implementation of systems needed to accommodate the provisions of the new laws.