Nassau, Bahamas – Bahamas’ Attorney General and Minister of Legal Affairs Michael L. Barnett called for a review of the Criminal Procedure Code, elimination of preliminary inquiries and greater use of the Voluntary Bill of Indictment.
“We must have a review of our Criminal Procedure Code and the way we conduct our business,” he said. “We must eliminate the use of preliminary inquiries and have a greater use of the Voluntary Bill of Indictment.”
Mr Barnett was speaking in the Senate during debate on the Government’s $1.7 billion national budget, June 26.
The Attorney General said there is no need for “two criminal trials for one offence.”
“It is inconvenient to victims, to witnesses, to the resources of the public,” he said. “Its elimination can be done without infringing an accused person’s right to a fair hearing within a reasonable time.
“In addition, we can improve the time over which a trial can be conducted by a greater use of written evidence as opposed to requiring persons to attend court to give oral testimony as to what are essentially facts that are not disputed.”
On the matter of Law Reform, the Senator asked if it is necessary for a family member to attend court to identify a victim whose identity is not in dispute, and if a ‘trial within a trial’ is really necessary.
“Should the value of any statement by an accused simply be left to the jury for its due consideration?” he asked.
Mr. Barnett said his Ministry is committed to ensuring that the work of the Law Reform Commissioner continues unabated.
He said a retired Justice has been retained to work on reforming the Penal Code and Criminal Procedure Code. He assumes office in October.
