Criminal Procedure Code at Antigua and Barbuda
Antigua and Barbuda's criminal justice system is governed by several key pieces of legislation, notably the Criminal Procedure Act (Cap. 117) and the Magistrate's Code of Procedure Act (Cap. 255). These statutes outline the procedures for criminal trials, including arrest, arraignment, trial, sentencing, and appeals. (Magistrate's Code of Procedure Act (Antigua and Barbuda))
Key Features of the Criminal Procedure Act (Cap. 117)
Arrest and Preliminary Proceedings: The Act permits any person to apprehend someone committing an offense without a warrant and mandates that the arrested individual be brought before a magistrate promptly . (Criminal Procedure Act (Antigua and Barbuda))
Trial Procedures: It details the process for indictable offenses, including the filing and service of indictments, arraignment, and the rights of the accused during trial. Notably, the accused is entitled to inspect and obtain copies of depositions without fee . (Criminal Procedure Act (Antigua and Barbuda))
Appeals: The Director of Public Prosecutions (DPP) has the right to appeal acquittals, sentences, or dismissals of charges in committal proceedings, provided the appeal is based on specific legal grounds . (Criminal Procedure (Amendment) Act 2004 (Antigua and Barbuda))
Judge-Alone Trials: Introduced in 2021 through the Criminal Proceedings (Trial by Judge Alone) Act, this provision allows certain criminal trials to occur without a jury. The government has since moved to make this provision permanent, aiming to reduce case backlogs . (Judge only trials to be made permanent in Antigua and Barbuda | Loop Caribbean News)
Magistrate's Code of Procedure Act (Cap. 255)
This Act governs the procedures in magistrate courts, including:
Bail: It outlines the circumstances under which an accused person may be admitted to bail and the procedures for granting bail . (Magistrate's Code of Procedure Act (Antigua and Barbuda))
Committal Proceedings: The Act specifies the process for committing individuals for trial, including the use of written statements and the requirement for the accused to be informed of the results of committal proceedings . (Magistrate's Code of Procedure Act (Antigua and Barbuda))
Summary Jurisdiction: It defines the scope of offenses that can be tried summarily and the procedures for such trials . (Magistrate's Code of Procedure Act (Antigua and Barbuda))
Accessing the Legislation
The full text of these laws is available on the official Antigua and Barbuda Laws website: laws.gov.ag. This site provides access to the complete and updated legal framework governing criminal procedures in the country. (laws.gov.ag | The Laws of Antigua and Barbuda)
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