Parliament to debate legislation for judge-only trials

Barbados is poised to join several Commonwealth Caribbean nations in allowing individuals accused of crimes to opt for trial by a single judge rather than before a jury, a move legal experts believe could help reduce court backlogs.

The Criminal Procedure (Amendment) Bill, tabled in Parliament, outlines provisions enabling those charged to choose between judge-alone trials or proceedings with a jury. Crucially, the accused can change their mind before the trial begins.

“Judge-alone trials was an outcome from our Criminal Justice Symposium held last year,” Attorney General Dale Marshall explained. If adopted, Barbados will follow Antigua and Barbuda, Jamaica, Trinidad and Tobago and Belize in conducting the judge-only hearings, along with two British overseas territories, Turks and Caicos and the Cayman Islands.

Three top criminal defence lawyers interviewed by Barbados TODAY said such reform would potentially expedite cases with complex legal matters best determined by a judge. But they stressed the accused must retain the right to opt for a jury trial.

“The jury system has served us well over the years and I see it as an important component of the criminal justice system,” said King’s Counsel Michael Lashley. “It represents the average citizen being involved in a decision-making process that impacts on the lives of a fellow citizen.”

Angella Mitchell-Gittens SC urged Barbados to adopt Trinidad’s model where defendants can select between judge-alone or jury trials.

“Certainly in matters where there are complex legal issues then those would be for judge-alone because those are strictly issues for a judge to make a determination on. Cases that you would feel you would make a no-case submission in, those are suited for judge-alone,” she said.

The Criminal Procedure (Amendment) Bill appears to offer the accused considerable leeway. Judges must inform unrepresented defendants of their right to legal advice regarding judge-alone trials. Where co-defendants are charged, all must elect the same mode of trial.

Commenting on the successes other jurisdictions have had with judge-alone trials in the criminal courts, particularly regarding less serious offences, Senior Counsel Stephen Lashley added that these would prove beneficial to this island’s courts.

“We do have a huge backlog in the criminal court in particular and I think that these innovations can be tried,” he said.

He suggested widening the jurisdiction of Masters of the High Court to tackle civil backlogs.

Meantime, King’s Counsel Lashley urged caution regarding “any tinkering with the trial by jury and the Juries Act of Barbados” and advised against any haste in reforming the jury system.

“Before seeking to make any changes, let us fix timely disclosure of statements, let us look seriously at the delays in the system and how we are going to deal with them frontally,” he said.

Last week, High Court Justice Carlisle Greaves said some cases could be more quickly dealt with if only a judge is required to determine the guilt or innocence of an accused, but opposed the elimination of juries.

The proposed legislation sets out detailed procedures governing how defendants can elect their mode of trial. Where an accused pleads not guilty, judges must inform them of the choice between judge-alone or jury proceedings.

Unrepresented defendants wanting to forgo a jury can only be tried by a judge alone if the court deems them “competent” and satisfied they have waived their right to legal advice on the decision. Those with lawyers cannot have a judge-only trial ordered without proof they received counsel on the implications.

For cases involving multiple defendants, all must opt for judge-alone hearings.

“The court shall not proceed to trial by a judge sitting alone if there are two or more accused, unless all accused have elected to be tried by a judge sitting alone,” the Bill states.

The same applies to cases with multiple charges – defendants must choose judge-only proceedings for all counts they face. An accused can, however, revert to wanting a jury trial at any point before the hearing starts.

While supporting judge-alone trials for less serious offences, Senior Counsel Stephen Lashley believes the jury remains best for major crimes like murder. “These innovations can be tried,” he said. “We do have a huge backlog in the criminal court in particular.”

emmanueljoseph@barbadostoday.bb

jeniquebelgrave@barbadostoday.bb