Senate passes bills to allow appeal against a verdict of acquittal

The Senate has passed two bills that will grant limited right of appeal to the prosecution in criminal proceedings in the Parish Court and the Supreme Court.

The Judicature (Appellate Jurisdiction) (Amendment) Act 2021 and the Judicature (Parish Courts) (Amendment) Act 2021 were passed without amendment yesterday.

Piloting the legislation in the Upper House, Minister of Foreign Affairs and Foreign Trade, Senator Kamina Johnson Smith, said the amendments will give the victims a voice, noting that under the present law, the prosecution has no right of appeal against a verdict of acquittal in criminal proceedings.

She said the amendment to the legislative framework is projected to bring the country in line with member countries of the Caribbean and Commonwealth including Barbados, Trinidad and Tobago, Bermuda and the United Kingdom.

They seek to amend the law to grant the prosecution a right of appeal with the consent of the Director of Public Prosecutions (DPP) where there has been a verdict of acquittal in an administration of justice offence.

An administration of justice offence includes perverting the course of justice; bribery or intimidation of, or interference with a witness, judicial officer, family member of a witness or judicial officer; or perjury.

Johnson Smith said it will also apply in circumstances where a verdict of acquittal, based on a point of law that was erroneously upheld by the trial judge and where the sentence handed down was unduly lenient or manifestly inadequate for the offence having regard to any applicable sentencing guideline, or where the court did not have the power to pass the sentence.

The Acts will allow the prosecutor to refer an acquittal to the Court of Appeal for its opinion on any point of law or any point of mixed law.

The bills will amend the Legal Aid Act to allow legal aid to be available to a respondent in any criminal appeal.

The Opposition, however, rejected the proposed amendments to allow the prosecution to appeal verdicts.

Opposition Senator Donna Scott-Mottley said the move to appeal sentencing indicated an undermining of the judiciary.

The Opposition also argued that the dilatory justice system would mean further injury to defendants who often wait years before trial.

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