DOCSLIB.ORG

CARIBBEAN JUSTICE: a Needs Assessment of the Judicial System in Nine Countries Copyright ©2020 United Nations Development Programme All Rights Reserved

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
CARIBBEAN JUSTICE: a Needs Assessment of the Judicial System in Nine Countries Copyright ©2020 United Nations Development Programme All Rights Reserved CARIBBEAN JUSTICE: a needs assessment of the judicial system in nine countries Copyright ©2020 United Nations Development Programme All rights reserved. UNDP is the leading United Nations organization fighting to end the injustice of poverty, inequality, and climate change. Working with our broad network of experts and partners in 170 countries, we help nations to build integrated, lasting solutions for people and planet. United Nations Development Programme for Latin America and the Caribbean, Building 128, City of Knowledge, Panama City, Republic of Panama https://www.facebook.com/pnudlac https://twitter.com/PNUDLAC https://www.instagram.com/pnudlac/ For more information visit www.latinamerica.undp.org/ Design: Tany Vazzana CARIBBEAN JUSTICE: a needs assessment of the judicial system in nine countries Antigua and Barbuda, Barbados, Belize, Dominica, Guyana, Grenada, Saint Kitts and Nevis, Saint Lucia, Trinidad and Tobago 2020 TABLE OF CONTENTS 1. ACKNOWLEDGEMENTS 5.4. Quality of justice.............................................40 5.4.1. Diversionary measures...............................40 2. EXECUTIVE SUMARY 5.4.2. Prosecution..................................................42 3. INTRODUCTION 5.4.3. Adjournments..............................................44 3.1. Statement of purpose.......................................11 5.4.4. Case flow management............................46 3.2. Methodology.....................................................12 5.4.5. Sentencing....................................................48 3.3. Limitations of the NAR....................................14 5.4.6. Bail.................................................................50 3.4. Structure of NAR..............................................14 5.4.7. Pre-trial detention........................................50 3.5. UNDP and justice in the Caribbean............15 5.4.8. Rehabilitative approaches........................54 4. OVERVIEW OF THE CURRENT STATE OF 6. RECOMMENDATIONS JUSTICE ADMINISTRATION IN THE CARIBBEAN 6.1. Regional level recommendations...............57 4.1. Human rights perspective..............................18 6.2. National level recommendations...............62 4.2. Witness and victim protection and sup- port............................................................................20 ANNEXES 4.3. The costs of justice.........................................21 I. Desk review report of justice system reform in 4.4. Civil and criminal structure...........................21 the Caribbean 4.5. Punitive vs rehabilitative approaches in the II. Summary report: Regional judges’ consulta- Caribbean.................................................................26 tion on assessment of needs of the justice sy- stem in the Caribbean 4.6. Public perception............................................27 4.7. Strengths within the judicial system...........29 5. FINDINGS OF THE JUSTICE ADMINISTRATION IN THE CARIBBEAN 5.1 Data and information.......................................32 5.2. Overview..........................................................32 5.3. Access to justice.............................................33 5.3.1. Modernization...............................................33 5.3.2. Human resources.......................................34 5.3.3. Legal aid.......................................................36 5.3.4. Specialized courts......................................38 7 1. ACKNOWLEDGEMENTS UNDP Resident Representative to Barbados and the Eastern Caribbean, Magdy Martínez-Solimán UNDP Resident Representative to Belize, Denise Antonio UNDP Resident Representative to Guyana, Jairo Valverde Bermudez UNDP Resident Representative to Trinidad and Tobago, Randi Davis UNDP Deputy Resident Representative to Barbados and the Eastern Caribbean, Ugo Blanco UNDP Deputy Resident Representative to Belize, Ian King UNDP Assistant Resident Representative to Trinidad and Tobago, Sharifa Ali-Abdullah Manager, UNDP Regional Hub for Latin America and the Caribbean, José Cruz-Osorio Team Leader, Governance, UNDP Regional Hub for Latin America and the Caribbean, Jairo Acuña-Alfaro Research and Drafting Coordinator Juliet Solomon, Citizen Security and Rule of Law Programme Specialist, Caribbean UNDP Regional Rule of Law and Access to Justice Team Gloria Manzotti, Lorena Mellado, Juliet Solomon Judicial Needs Assessment Consultant Reyanna Sankar Research and Drafting Team Jason La Corbiniere (UNDP Barbados and the Eastern Caribbean); Diane Wade (UNDP Belize); Andrea Heath-London & Vedyawatti Looknauth (UNDP Guyana); Christalle Gemon (UNDP Trinidad and Tobago) Copy editing Darshinee Choytah Design and layout Tany Vazzana & Alexandra Gil Taboas With special thanks to Justices Rosalyn E. Wilkinson (Antigua & Barbuda), Randall Worrell (Barbados), President of the Caribbean Court of Justice, Adrian Saunders; Chief Justice Kenneth Benjamin (Belize); Marilyn Lauren Williams (Belize), Myrtle Elizabeth Birnie Stephenson-Brooks (Dominica), Attorney General and Minister of Legal Affairs, Basil Williams, S.C., Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, and Chief Justice Roxane George (Guyana); Jo-Ann Barlow (Guyana), Paula Gilford (Grenada), Eddie Ventose & Trevor Ward (Saint Kitts & Nevis), Kimberly Cenac-Fulgence, Cadie St.Rose - Bruney, Georgis Taylor-Alexander, Gertel Thom (Saint Lucia), Industrial Court Judge Elizabeth Solomon (Trinidad & Tobago); Supreme Court Registrars, Commissioners of Police, Directors of Public Prosecution, Bar Associations, Directors and staff of Forensic Science Laboratories, Superintendents of Prisons, the Justice Education Society, the Children’s Authority Mt. Hope Assessment Centre (Trinidad & Tobago), Gillian Lucky, Charmaine Pemberton & Avason Quintan-Williams (Trinidad and Tobago); Judicial Reform and Institutional Strengthening Project (JURIST), Caribbean Policy Development Centre (CPDC), and all stakeholders who gave of their time and expertise in the course of compiling this report. ©2020 UNDP All rights reserved - April 2020 Director of Forensic Science Services Fernanda Henry at the Saint Lucia Forensic Science Laboratory. Photo credit: Juliet Solomon. 9 2. EXECUTIVE SUMMARY Inequality, discrimination and exclusion remain severe obstacles to universal sustainable development. Unfortunately, COVID-19 has exacerbated this development deficit and challenged the aspiration of ac- cess to justice for all. People living in poverty and marginalized groups may not be aware of their legal rights and often lack legal protection and access to mechanisms to remedy their grievances, resulting in increased vulnerability. Sexual and gender-based violence (SGBV) has a devastating, long-term effect on the lives of victims, their families and communities, and impedes development progress. This Needs Assessment Report (NAR) has a conceptual framework based on a human rights-based approach, inter- sectional and UNDP´s guidelines in order to move the Caribbean region from a less punitive to a more rehabilitative system. Through this analysis and review exercise of the judicial cycle in the Caribbean, it was possible to identi- fy the main challenges for a people-centred approach to justice that leaves no one behind. The report aims to highlight trends across the Caribbean region in order to determine how best the development partners can add value to current efforts and initiatives on improving access to justice and its admini- stration in the Caribbean. This Needs Assessment Report on the administration of justice in the Caribbean provides an up-to-date analysis of the main opportunities and challenges in the region. A salient challenge identified is the lack of available data for the design of regional and national assessments and result oriented solu- tions. Another important conclusion of the report is that in all jurisdictions the backlog of cases – particu- larly in the criminal division – is one of the most challenging issues. The reasons for the backlogs are multifaceted and include primarily the slow pace of investigations by police, inordinate delays in production of depositions, and lack of human and technological resources. The main consequence of the backlogs is a failure to “provid(e) accessible, fair and efficient justice for the people and states of the Caribbean Community.”1 In terms of general stakeholders’ feedback (provided through questionnaires, consultations and a re- gional judges consultation) the consensus was that there is over-use of pre-trial detention because of a lack of alternative pre-trial options, causing not only a slow judiciary process but, most important, causing a due process violation, that needs to be addressed urgently. The report reflects on a whole-of-system approach which identifies bottlenecks at different stages of the administration of justice. For example, while replacing Preliminary Inquiries with paper committals or sufficiency hearings, such a change, without other “fixes”, will merely shift the overload to the various offices of the Director of Public Prosecutions (DPP) in the Caribbean region. In terms of the quality of judicial services provided to the public, there are significant areas in which pu- blic perception may be negatively affected. The report argues that important improvements are neces- sary in order for the justice system to provide timely, consistent, responsive and transparent services. In terms of good experiences identified, Governments have undertaken numerous efforts to improve the administration of justice. Efforts
Load more

Recommended publications
  • IN the CARIBBEAN COURT of JUSTICE Appellate Jurisdiction on APPEAL from the COURT of APPEAL of BELIZE CCJ
    [2013] CCJ 5 (AJ) IN THE CARIBBEAN COURT OF JUSTICE Appellate Jurisdiction ON APPEAL FROM THE COURT OF APPEAL OF BELIZE CCJ Appeal No CV 7 of 2012 BZ Civil Appeal No 4 of 2011 BETWEEN BCB HOLDINGS LIMITED THE BELIZE BANK LIMITED APPELLANTS AND THE ATTORNEY GENERAL OF BELIZE RESPONDENT Before The Rt Honourable Mr Justice Byron, President And The Honourables Mr Justice Saunders Mme Justice Bernard Mr Justice Wit Mr Justice Anderson Appearances Mr Edward Fitzgerald QC, Mr Eamon Courtenay SC and Mrs Ashanti Arthurs-Martin for the Appellants Mr Michael Young QC, Ms Magalie Perdomo and Ms Iliana Swift for the Respondent JUDGMENT of The President and Justices Saunders, Bernard, Wit and Anderson Delivered by The Honourable Mr Justice Adrian Saunders and The Honourable Mr Justice Winston Anderson on the 26th day of July 2013 JUDGMENT OF THE HONOURABLE MR JUSTICE SAUNDERS [1] The London Court of International Arbitration (“the Tribunal”) determined that the State of Belize should pay damages for dishonouring certain promises it had made to two commercial companies, namely, BCB Holdings Limited and The Belize Bank Limited (“the Companies”). The promises were contained in a Settlement Deed as Amended (“the Deed”) executed in March 2005. The Deed provided that the Companies should enjoy, from the 1st day of April, 2005, a tax regime specially crafted for them and at variance with the tax laws of Belize. [2] This unique regime was never legislated but it was honoured by the State for two years until it was repudiated in 2008 after a change of administration in Belize following a General Election.
    [Show full text]
  • Newton Spence and Peter Hughes V the Queen
    SAINT VINCENT & THE GRENADINES IN THE COURT OF APPEAL CRIMINAL APPEAL NO. 20 OF 1998 BETWEEN: NEWTON SPENCE Appellant and THE QUEEN Respondent and SAINT LUCIA IN THE COURT OF APPEAL CRIMINAL APPEAL NO. 14 OF 1997 BETWEEN: PETER HUGHES Appellant and THE QUEEN Respondent Before: The Hon. Sir Dennis Byron Chief Justice The Hon. Mr. Albert Redhead Justice of Appeal The Hon. Mr. Adrian Saunders Justice of Appeal (Ag.) Appearances: Mr. J. Guthrie QC, Mr. K. Starmer and Ms. N. Sylvester for the Appellant Spence Mr. E. Fitzgerald QC and Mr. M. Foster for the Appellant Hughes Mr. A. Astaphan SC, Ms. L. Blenman, Solicitor General, Mr. James Dingemans, Mr. P. Thompson, Mr. D. Browne, Solicitor General, Dr. H. Browne and Ms. S. Bollers for the Respondents -------------------------------------------- 2000: December 7, 8; 2001: April 2. -------------------------------------------- JUDGMENT [1] BYRON, C.J.: This is a consolidated appeal, which concerns two appellants convicted of murder and sentenced to death in Saint Vincent and Saint Lucia respectively who exhausted their appeals against conviction and raised constitutional arguments against the mandatory sentence of death before the Privy Council which had not previously been raised in the Eastern Caribbean Court of Appeal. Background [2] The Privy Council granted leave to both appellants to appeal against sentence and remitted the matter to the Eastern Caribbean Court of Appeal to consider and determine whether (a) the mandatory sentence of death imposed should be quashed (and if so what sentence (including the sentence of death) should be imposed), or (b) the mandatory sentence of death imposed ought to be affirmed.
    [Show full text]
  • CHAMPIONS for CHANGE IV the Rationale for Champions
    Wednesday September 13, 2017 Georgetown, Guyana PAN CARIBBEAN PARTNERSHIP AGAINST HIV & AIDS CHAMPIONS FOR CHANGE IV The Rationale for Champions About U-RAP Caribbean Sexual and Gender Rights Litigation Program Agenda ‘Getting to Zero’: U- RAP/CVC collaboration on Human Rights Advocacy Postscript: challenges ahead • Stigma and discrimination considered by many experts to be the greatest Rationale barrier in preventing the spread and impact of HIV PANCAP regional policy on HIV-related S&D • Integrate PLHA in activities Empowerment • Strengthen capacity of KPs for resistance • Challenge public attitudes Education • Evidence based interventions • Develop policies, programmes & Enabling legislation to counter social barriers Environment • Promote equality About U-RAP Established as a project of the Faculty of Law in 2008 U-RAP’s mission is to promote human rights and social justice in the Caribbean by undertaking and participating in strategic litigation, socio- legal research and legal education in collaboration with Caribbean lawyers, scholars and civil society organisations and by L-R: WJ, TR, JM & AB (Havana, Cuba, 2012) working with students of the Faculties of Law Tracy Robinson (Mona) – Joint coordinator Arif Bulkan (St Augustine) – Joint coordinator Westmin James (Cave Hill) – Litigation Specialist Janeille Matthews (Mona) – Research Coordinator Membership Jewel Amoah (STA) – Public and Legal Education Ramona Biholar (Mona) Douglas Mendes S.C. – Adviser Andrew Hutchinson (Mona) - Administrator U-RAP’S work promotes all three outputs
    [Show full text]
  • When the Dust Settles
    WHEN THE DUST SETTLES Judicial Responses to Terrorism in the Sahel By Junko Nozawa and Melissa Lefas October 2018 Copyright © 2018 Global Center on Cooperative Security All rights reserved. For permission requests, write to the publisher at: 1101 14th Street NW, Suite 900 Washington, DC 20005 USA DESIGN: Studio You London CONTRIBUTING AUTHORS: Heleine Fouda, Gildas Barbier, Hassane Djibo, Wafi Ougadeye, and El Hadji Malick Sow SUGGESTED CITATION: Junko Nozawa and Melissa Lefas, “When the Dust Settles: Judicial Responses to Terrorism in the Sahel,” Global Center on Cooperative Security, October 2018. globalcenter.org @GlobalCtr WHEN THE DUST SETTLES Judicial Responses to Terrorism in the Sahel By Junko Nozawa and Melissa Lefas October 2018 ABOUT THE AUTHORS JUNKO NOZAWA JUNKO NOZAWA is a Legal Analyst for the Global Center on Cooperative Security, where she supports programming in criminal justice and rule of law, focusing on human rights and judicial responses to terrorism. In the field of international law, she has contrib- uted to the work of the International Criminal Court, regional human rights courts, and nongovernmental organizations. She holds a JD and LLM from Washington University in St. Louis. MELISSA LEFAS MELISSA LEFAS is Director of Criminal Justice and Rule of Law Programs for the Global Center, where she is responsible for overseeing programming and strategic direction for that portfolio. She has spent the previous several years managing Global Center programs throughout East Africa, the Middle East, North Africa, the Sahel, and South Asia with a primary focus on human rights, capacity development, and due process in handling terrorism and related cases.
    [Show full text]
  • The History and Development of the Saint Lucia Civil Code N
    Document generated on 10/01/2021 11:30 p.m. Revue générale de droit THE HISTORY AND DEVELOPMENT OF THE SAINT LUCIA CIVIL CODE N. J. O. Liverpool Volume 14, Number 2, 1983 Article abstract The Civil Code of St. Lucia was copied almost verbatim from the Québec Civil URI: https://id.erudit.org/iderudit/1059340ar Code and promulgated in the island in 1879, with minor influences from the DOI: https://doi.org/10.7202/1059340ar Civil Code of Louisiana. It has constantly marvelled both West Indians and visitors to the region alike, See table of contents that of all the former British Caribbean territories which were subjected to the vicissitudes of the armed struggles in the region between the Metropolitan powers resulting infrequent changes is sovereignty from one power to the Publisher(s) other, only St. Lucia, after seventy-six years of uninterrupted British rule since its last cession by the French, managed to introduce a Civil Code which in effect Éditions de l’Université d’Ottawa was in direct conflict in most respects with the laws obtaining in its parent country. ISSN This is an attempt to examine the forces which were constantly at work in 0035-3086 (print) order to achieve this end, and the resoluteness of their efforts. 2292-2512 (digital) Explore this journal Cite this article Liverpool, N. J. O. (1983). THE HISTORY AND DEVELOPMENT OF THE SAINT LUCIA CIVIL CODE. Revue générale de droit, 14(2), 373–407. https://doi.org/10.7202/1059340ar Droits d'auteur © Faculté de droit, Section de droit civil, Université d'Ottawa, This document is protected by copyright law.
    [Show full text]
  • Paying Homage to the Right Honourable Sir C.M. Dennis Byron Meet the Team Chief Editor CAJO Executive Members the Honourable Mr
    NewsJuly 2018 Issue 8 Click here to listen to the theme song of Black Orpheus as arranged by Mr. Neville Jules and played by the Massy Trinidad All Stars Steel Orchestra. Paying Homage to The Right Honourable Sir C.M. Dennis Byron Meet the Team Chief Editor CAJO Executive Members The Honourable Mr. Justice Adrian Saunders Chairman Contributors Mr. Terence V. Byron, C.M.G. The Honourable Justice Mr. Adrian Saunders Madam Justice Indra Hariprashad-Charles Caribbean Court of Justice Retired Justice of Appeal Mr. Albert Redhead Mr. Justice Constant K. Hometowu Vice Chairman Mr. Justice Vagn Joensen Justice of Appeal Mr. Peter Jamadar Trinidad and Tobago Graphic Artwork & Layout Ms. Danielle M Conney Sir Marston Gibson, Chief Justice - Barbados Country Representativesc Chancellor Yonnette Cummings-Edwards - Guyana Mr. Justice Mauritz de Kort, Vice President of the Joint Justice Ian Winder - The Bahamas Court of The Dutch Antilles Registrar Shade Subair Williams - Bermuda; Madam Justice Sandra Nanhoe - Suriname Mrs. Suzanne Bothwell, Court Administrator – Cayman Madam Justice Nicole Simmons - Jamaica Islands Madam Justice Sonya Young – Belize Madam Justice Avason Quinlan-Williams - Trinidad and Tobago c/o Caribbean Court of Justice Master Agnes Actie - ECSC 134The CaribbeanHenry Street, Association of Judicial Of�icers (CAJO) Port of Spain, Chief Magistrate Christopher Birch – Barbados Trinidad & Tobago Senior Magistrate Patricia Arana - Belize Registrar Musa Ali - Caribbean Competition Commit- 623-2225 ext 3234 tee - Suriname [email protected] In This Issue Editor’s Notes Pages 3 - 4 Excerpts of the Family Story Pages 5 - 7 The Different Sides of Sir Dennis Pages 8 - 9 My Tribute to the Rt.
    [Show full text]
  • Judicial Review and the Conseil D'etat George D
    Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers January 1966 DeGaulle's Republic and the Rule of Law: Judicial Review and the Conseil d'Etat George D. Brown Boston College Law School, [email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Comparative and Foreign Law Commons Recommended Citation George D. Brown. "DeGaulle's Republic and the Rule of Law: Judicial Review and the Conseil d'Etat." Boston University Law Review 46, (1966): 462-492. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. :DE GAULLE'S REPUBLIC AND THE RULE OF LAW: JUDICIAL REVIEW AND THE CONSEIL D'ETAT GEORGE D. BROWN* Americans tend to regard France as a somewhat despotic country where drivers' licenses are summarily revoked by roadside tribunals, political opponents are treated badly, and in general the rule of law is lightly regarded.' From time to time disgruntled Frenchmen come forward to reinforce this picture.2 Against such a background of illiber- alism, the lack of judicial review of legislation in France does not seem surprising. And it has become a commonplace to present the French hostility to judicial review as a polar example of attitudes toward this institution.3 Yet there are ample signs that this generalization needs to be reexamined.
    [Show full text]
  • The Seychelles Law Reports
    THE SEYCHELLES LAW REPORTS DECISIONS OF THE SUPREME COURT, CONSTITUTIONAL COURT AND COURT OF APPEAL ________________ 2017 _________________ PART 2 (Pp i-vi, 269-552) Published by Authority of the Chief Justice i (2017) SLR EDITORIAL BOARD Chief Justice – ex officio Attorney-General – ex officio Mr Kieran Shah of Middle Temple, Barrister Mr Bernard Georges of Gray’s Inn, Barrister CITATION These reports are cited thus: (2017) SLR Printed by ii THE SEYCHELLES JUDICIARY THE COURT OF APPEAL Hon F MacGregor, President Hon S Domah Hon A Fernando Hon J Msoffe Hon M Twomey THE SUPREME COURT (AND CONSTITUTIONAL COURT) Hon M Twomey,Chief Justice Hon D Karunakaran Hon B Renaud Hon M Burhan Hon G Dodin Hon F Robinson Hon E De Silva Hon C McKee Hon D Akiiki-Kiiza Hon R Govinden Hon S Govinden Hon S Nunkoo Hon M Vidot Hon L Pillay Master E Carolus iii (2017) SLR iv CONTENTS Digest of Cases ................................................................................................ vii Cases Reported Amesbury v President of Seychelles & Constitutional Appointments Authority ........ 69 Benstrong v Lobban ............................................................................................... 317 Bonnelame v National Assembly of Seychelles ..................................................... 491 D’Acambra & Esparon v Esparon ........................................................................... 343 David & Ors v Public Utilities Corporation .............................................................. 439 Delorie v Government of Seychelles
    [Show full text]
  • MOROCCO: Human Rights at a Crossroads
    Human Rights Watch October 2004 Vol. 16, No. 6(E) MOROCCO: Human Rights at a Crossroads I. SUMMARY................................................................................................................................ 1 II. RECOMMENDATIONS...................................................................................................... 4 To the Government of Morocco ........................................................................................... 4 To the Equity and Reconciliation Commission ................................................................... 6 To the United Nations............................................................................................................. 7 To the U.S. Government.........................................................................................................8 To the European Union and its member states................................................................... 8 To the Arab League.................................................................................................................. 9 III. INTRODUCTION: ADDRESSING PAST ABUSES................................................... 9 The Equity and Reconciliation Commission......................................................................14 Limits of the New Commission ...........................................................................................16 2003 Report of the Advisory Council for Human Rights ................................................23 IV. HUMAN RIGHTS AFTER THE
    [Show full text]
  • The Gender Equality Issue CAJO NEWS Team
    NOVEMBER 2016 • ISSUE 6 The Gender Equality Issue CAJO NEWS Team CHIEF EDITOR CAJO BOARD MEMBERS The Hon. Mr. Justice Adrian Saunders Mr. Justice Adrian Saunders (Chairman) Justice Charmaine Pemberton (Deputy Chairman) Chief Justice Yonette Cummings Chief Justice Evert Jan van der Poel CONTRIBUTORS Justice Christopher Blackman Justice Charles-Etta Simmons Justice Francis Belle Chief Magistrate Ann Marie Smith Justice Sandra Nanhoe-Gangadin Senior Magistrate Patricia Arana Justice Nicole Simmons Justice Sonya Young Parish Judge Simone Wolfe-Reece Magistrate Lisa Ramsumair-Hinds Registrar Barbara Cooke-Alleyne GRAPHIC ARTWORK, LAYOUT Registrar Camille Darville-Gomez Ms. Seanna Annisette The Caribbean Association of Judicial Ocers (CAJO) c/o Caribbean Court of Justice 134 Henry Street Port of Spain Trinidad and Tobago Tel: (868) 623-2225 ext. 3234 Email: [email protected] IN EDITOR’s THIS Notes ISSUE P.3- P.4 CAJO PROFILE By the time some of you read this edition of CAJO NEWS the Referendum results in Grenada SCAJOue. would have been known. This is assuming of course that the Referendum does take place on The Hon. Mr Justice November 24th as scheduled at the time of writing. The vote had earlier been slated for 27th Rolston Nelson October. This exercise in Constitution re-making holds huge implications not just for the people of Grenada, Carriacou and Petit Martinique but for the entire CARICOM and English speaking Caribbean. In this edition CAJO NEWS lists the choices before the people of our sister isles. In this issue, CAJO NEWS publishes an interview we conducted with Hon Mr Justice Rolston Nelson, the longest serving judge of the Caribbean Court of Justice.
    [Show full text]
  • Private Prosecutions in Mauritius: Clarifying Locus Standi and Making the Director of Public Prosecutions More Accountable
    African Journal of Legal Studies 10 (2017) 1–34 brill.com/ajls Private Prosecutions in Mauritius: Clarifying Locus Standi and Making the Director of Public Prosecutions more Accountable Jamil Ddamulira Mujuzi University of the Western Cape, South Africa [email protected] Abstract Case law shows that private prosecutions have been part of Mauritian law at least since 1873. In Mauritius there are two types of private prosecutions: private prosecutions by individuals; and private prosecutions by statutory bodies. Neither the Mauritian consti- tution nor legislation provides for the right to institute a private prosecution. Because of the fact that Mauritian legislation is not detailed on the issue of locus standi to insti- tute private prosecutions and does not address the issue of whether or not the Director of Public Prosecutions has to give reasons when he takes over and discontinues a pri- vate prosecution, the Supreme Court has had to address these issues. The Mauritian Supreme Court has held, inter alia, that a private prosecution may only be instituted by an aggrieved party (even in lower courts where this is not a statutory requirement) and that the Director of Public Prosecutions may take over and discontinue a private prosecution without giving reasons for his decision. However, the Supreme Court does not define “an aggrieved party.” In this article the author takes issue with the Court’s findings in these cases and, relying on legislation from other African countries, recom- mends how the law could be amended to strengthen the private prosecutor’s position. Keywords private prosecutions – Mauritius – Locus Standi – Director of Public Prosecutions – aggrieved party – supreme court © koninklijke brill nv, leiden, ���7 | doi �0.��63/�7087384-��3400Downloaded�6 from Brill.com10/03/2021 04:36:42PM via free access 2 Mujuzi I Introduction Private prosecutions have been part of Mauritian law for a long period of time.1 In Mauritius there are two types of private prosecutions: private pros- ecutions by individuals; and private prosecutions by statutory bodies.
    [Show full text]
  • A Diagnostic Study of the Barbados Drug Treatment Courts
    A Diagnostic Study of the Barbados Drug Treatment Courts Organization of American States Findings and Recommendations Secretariat for Multidimensional Security Inter-American Drug Abuse Control Commission This evaluation (process) was carried out in coordination with the Government of Barbados and under the leadership of the Executive Secretariat of the Inter-American Drug Abuse Control Commission (ES/CICAD) of the Organization of American States (OAS), in association with the Center for Court Innovation (CCI). CICAD receives institutional and financial support from the Government of Canada through the Crime Prevention Capacity Development Program (ACCBP), and the CARICOM Secretariat through the 10th EDF program from the European Commission. The contents expressed in this document are presented exclusively for informational purposes and do not necessarily represent the opinion or ocial position of the Organization of American States, its General A Diagnostic Study of the Barbados Drug Treatment Courts Secretariat or its member states. ISBN 978-0-8270-6853-7 A Diagnostic Study of the Barbados Drug Treatment Courts Findings and Recommendations Coordinated by: Written by: With the financial support of: In partnership with: OAS Cataloging-in-Publication Data Inter-American Drug Abuse Control Commission. Executive Secretariat. A diagnostic study of the Barbados Drug Treatment Courts : findings and recommendations / Produced by the Executive Secretariat of the Inter-American Drug Abuse Control Commission and the Center for Court Innovation. v. ; cm (OAS. Official records ; OEA/Ser.L/XIV.6.67) ISBN 978-0-8270-6853-7 1. Drug courts--Barbados. 2. Drug abuse--Treatment--Law and legislation--Barbados. I. Title. II. Center for Court Innovation. III.
    [Show full text]