(Trinidad Express) The Criminal Bar Association (CBA) says it is gravely concerned about what may be perceived as “fast-track” legislation, which erodes constitutional rights.
The association, in response to the proposed amendments to the Bail Act and the Criminal Procedure Act, said “it is disheartening that, once again, the response to a crime wave is the tired response of a legislative package”.
In a statement to the media yesterday, the association said legislative packages have come and gone, with little impact.
“As far back as 2003 when a judicial committee was set up to advise on the amelioration of the problems of the criminal justice system, it was obvious that resources and time management were perhaps the greatest challenges to the system.”
The CBA said it is alarming to note the number of proposed amendments within recent times to the Bail Act.
“The proposed amendments appear to be piecemeal and, indeed, inconsistent in policy with other pieces of legislation dealing with the administration of criminal justice.
“It is in this regard that the CBA is unable to support the Bail (Amendment) Bill 2013 and further asks that consideration be given to widespread consultation with respect to the abolition of jury trials before the Criminal Procedure (Amendment) Bill 2013 is placed before Parliament.”
The CBA said its members are divided on the issue as to whether jury trials should be abolished, retained for certain types of cases, be by election only or retained in an improved form.
“The reason we recommend national consultation is simply because jury trial, in essence, is one form in which the sovereignty of the people in a democratic society is manifested.
“The Law Reform Commission of Canada has noted that the diversity of experience, the jury’s deliberations and scrutiny of facts as a group are some of the strengths of the system. They may be better able to understand and appraise conduct than one who lives the remote life of a judge.
“Citizens must be made to feel that they are part of the system of justice, that their civic duty requires them to play that part and to take those duties seriously. Disenfranchisement from the system may serve to veil it in suspicion and a lack of transparency.”
The CBA said it would be frightening if Trinidad and Tobago’s democracy, democratic principles and record were to be equated with countries such as Pakistan, Bangladesh, the Solomon Islands, Papua New Guinea, Fiji, Malaysia, Botswana, Kenya, Nigeria, Tanzania and Mozambique, which have all abolished jury trials.
“Indeed, our legal system bears no resemblance to many of these countries nor do we face the civil wars, rigged elections, despotic governments and so on that they have faced.
“South Africa abolished jury trial under the apartheid system. Nelson Mandela’s conviction and sentence was handed down by a judge.
“The more recent changes in countries such as the United Kingdom, Western Australia and Belize suggest that there may be instances, such as sexual offences cases or cases where there has been a high level of pretrial publicity, that would lend itself to a consideration of partial abolition.”
