Bill to abolish preliminary inquiry laid in National Assembly

May 13, 2024 News

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Kaieteur News – Last week, Minister of Parliamentary Affairs and Governance, Gail Teixeira tabled the Criminal Law Procedure (Paper Committals) Bill 2024.

The Bill provides for the abolition of preliminary inquiries and the substitution thereof with paper committals, which involves reviewing the evidence and arguments presented by both the Prosecution and the Defence in written form, rather than conducting an in-person hearing.

The Bill was tabled by Teixeira on behalf of the Attorney General, Anil Nandlall, S.C and it was read for the first time at the 81st sitting of the 12th Parliament. The Attorney General’s Chambers and the Ministry of Legal Affairs drafted the Bill with the aim of making the criminal justice system more efficient. Under the new system, the magistrate will review the written submissions and make a determination based on the available evidence. The paper committal process saves time and resources by eliminating the need for witness testimony and cross-examination during the preliminary inquiry stage. This will inevitably save judicial time, reduce the backlog of criminal cases and reduce the prison population on remand.

The Attorney General’s office had previously stated that the Bill will bring Guyana on par with jurisdictions across the Caribbean and the Commonwealth that have already abolished the use of Preliminary Inquiry. The Paper Committal system was first introduced into Guyana by the Sexual Offences Act in 2010. It has survived several legal challenges and has worked reasonably well. The Attorney General Chambers and Ministry of Legal Affairs in June 2023 invited comments in writing on the draft Criminal Law Procedure (Paper Committals) Bill 2023. Submissions were solicited from the Chambers of the Director of Public Prosecutions (DPP), the Office of the Police Legal Advisor, the Guyana Bar Association, the Berbice Bar Association, and the Law Reform Commission.

Part I, which includes Clauses 1 to 4 of the Bill deals with the preliminary matters pertaining to the Bill.  Clause 1 provides for the short title and commencement of the Bill. Clause 2 sets out the definition of key words and expressions used throughout the Act. Clause 3 provides for the application of the Act to all proceedings in respect of indictable offences, except for proceedings under the Sexual Offences Act, Cap. 8:03. Clause 4 provides for the abolition of oral preliminary inquiries and the substitution thereof with paper committals.

Part II includes Clauses 5 to 20.

Clause 5 sets out the procedure to be followed in paper committals. Clause 6 empowers the magistrate to adjourn proceedings before beginning a paper committal or anytime during the proceedings. Clause 7 provides for the admission of evidence and sets out the timeline for which all credible evidence should be filed by both the prosecutor or person acting on behalf of the prosecutor or, the accused or counsel on behalf of the accused. Clause 8 provides for the evidential requirements that must be met with respect to written statements sought to be admitted as evidence in paper committal proceedings.

Clause 9 sets out the requirements which must be met for depositions to be admissible as evidence for the purpose of a paper committal. Clause 10 provides for the evidential requirements that must be met with respect to other statements sought to be admitted as evidence in paper committal proceedings. Clause 11 provides the evidential requirements that must be met with respect to other documents sought to be admitted as evidence in paper committal proceedings. Clause 12 requires evidence to be read aloud in paper committal proceedings. Clause 13 provides for a statement, deposition or document admitted in evidence to be proved by the production of a copy thereof. Clause 14 empowers a magistrate to issue a summons or warrant directing that a person’s evidence be taken as a deposition or requiring that person to produce a document or other exhibit. Clause 15 provides for a magistrate to commit an accused for trial for an offence if the magistrate is satisfied with the admissibility of the evidence. Clause 16 sets out the procedure whereby a magistrate may commit an accused for trial without consideration of the evidence.

Clause 17 sets out the procedure for the committal or discharge of an accused person on consideration of the evidence. Clause 18 requires a magistrate to record the reasons for the committal or discharge of an accused person in writing. Clause 19 empowers the Director of Public Prosecutions to make an application to a Judge of the High Court for a warrant for the arrest and committal for trial of a person discharged by a magistrate in circumstances where the Director of Public Prosecutions is the opinion that a prima face case against the discharged person was established and the discharged person should have been committed for trial. Clause 20 provides for a person whose statement, deposition, document or exhibit was not tendered in evidence during a paper committal to give evidence at the trial of the accused person.

Part III of the Bill provides general and miscellaneous provisions and contains Clauses 21 to 26.

Clause 21 provides for a consequential amendment to the Criminal Law (Procedure) Act Cap. 10:01. Clause 22 repeals section 95 of the Evidence Act. Cap 5:0l. Clause 23 provides for the admissibility of statements and deposition of witnesses whose statement or deposition was relied on at the committal proceedings but are no longer available to give evidence at the trial. Clause 24 provides that where any provision of any law is in conflict or inconsistent with any provision of the Act. the provision of the Act shall prevail. Clause 25 provides for the Evidence Act. Cap. 5:03 and the Criminal Law (Procedure) Act, Cap 10:01 to apply to the Act where necessary with such modifications, adaptations and qualifications that may be needed for the due administration of the Act. Clause 26 provides that any pending proceedings shall be disposed of or continued under the law as it stood immediately before the commencement of the Act.

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• Anil Nandlall, Attorney General, Chambers and the Ministry of Legal Affairs, S.C., the Attorney General, the Berbice Bar Association

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