Presentation by Dan Suter Criminal Justice Advisor to the Eastern - PowerPoint PPT Presentation

Presentation by Dan Suter Criminal Justice Advisor to the Eastern Caribbean

 Closer working relationship with the Police  File Management Manual  Code for Prosecutors  Tape Recorded Interviews  Engagement  Community  Stakeholders  Relationship with the press

 Peart v The Queen Privy Council Appeal No.5 of 2005) their Lordships made the three following propositions:  The Judges’ Rules are administrative directions not limited or circumscribed ns, not rules of law, but possess considerable importance as embodying the standard of fairness which ought to be observed;  The judicial power by the Judges’ Rules. A court may allow a prisoner’s statement to be admitted notwithstanding a breach of the Judges’ Rules; conversely, the court may refuse to admit it even if the terms of the Judges’ Rules have been followed;  The criterion for admission of a statement is fairness. The voluntary nature of the statement is the major factor in determining fairness. If it is not voluntary, it will not be admitted. If it is voluntary, that constitutes a strong reason in favour of admitting it, notwithstanding a breach of the Judges’ Rules; but the court may rule that it would be unfair to do so even if the statement was voluntary.”

 Need for Legislation?:  E.g. St Kitts and Nevis Police Act 2003 section 89 (1) (e), Antigua Chapter 330, Police Act section 71 (1) (e) and (f)  Code – see Annex A of Guide pp 85-90  Protects rights of suspect and ensures fairness (Ricardo Williams v The Queen Privy Council Appeal No.37 of 2005)  McKinney v R [1991] HCA 6; (1991) 171 CLR 468 (22 March 1991)  Section 86 (2) of the Evidence Bill in St Kitts

 Aims:  Reporting organised crime  Confidence in prosecutors  Encourage witnesses to come forward  Strategy:  Visibility  Point of contact • How:  Reaching out to young  Meeting youth Leaders for sustainability

 Criminal Justice Boards  Is effective in bringing offences to justice, especially serious offences;  Engages the public and inspires confidence;  Puts the needs of victims at its heart; and has  Simple and efficient processes This resulted in saving 28,000 Police working days, equivalent to a saving of £7.47 million or 138 more Police officers.  Introduction of Criminal Procedure Rules  Law Reform Commissions

 Boodram v AG of Trinidad and Tobago [1996] 47 WIR 459, PC – ” the springs of justice undefiled ”  Engage:  Pre charge – for witnesses  Confirm charging decision - 9.3.3 - p 83  Pre-trial – brief - 9.4.1 – p83  Post trial – release of material – 9.5 p 84