The recently passed Magistrate’s Code of Procedure (Amendment) Bill 2024 introduces several key changes aimed at enhancing the capabilities of magistrates and streamlining legal processes in Antigua and Barbuda.
Key Changes Include
- Expanded Sentencing Powers:
a. Magistrates now have the authority to impose sentences of up to 5 years for a single offense, a significant increase from the previous maximum of 2 years.
b. For multiple convictions sentenced together, the maximum penalty has been raised from 5 years to 7 years. This change is intended to give magistrates greater flexibility in dealing with more severe offenses.
- Bail Restrictions:
a. The amendment incorporates indictable offenses under the new Anti-Gang Act 2024 into the list of crimes for which bail cannot be granted by magistrates. This aims to strengthen efforts against gang-related activities and enhance public safety. - Authority to Remit Cases to the High Court
a. Magistrates are now empowered to remit cases to the High Court when they deem that their sentencing powers are insufficient given the seriousness of the offense. This provision ensures that severe cases are handled appropriately, though it also raises concerns about potential bottlenecks in the judicial system. - Civil Proceedings Centralization
a. The amendment stipulates that all civil cases will be heard in the Magistrate’s Court, centralizing these proceedings and potentially streamlining the process.
The bill was debated by Attorney General Hon. Sir Steadroy Benjamin and MP Hon. Asot Michael. MP Michael expressed concerns about potential overlaps with existing legislation, specifically the Bail Act 2019, which already addresses bail restrictions for serious offenses. He suggested that the bill might introduce redundant provisions and recommended that the Bail Act be amended directly to include offenses under the Anti-Gang Act. Michael also proposed clearer sentencing guidelines to ensure consistency and fairness, and called for better criteria for remitting cases to avoid overburdening the High Court.
The amendments aim to enhance the effectiveness of the judiciary while ensuring that the new powers are applied judiciously and in a manner that maintains fairness and clarity in the legal system.
