On December 12, 2023, President Christine Carla Kangaloo proclaimed the Administration of Justice (Indictable Proceedings) Act, as amended (AJIPAA). The AJIPAA repealed and replaced the preliminary inquiry procedures previously prescribed under the Indictable Offences (Preliminary Enquiry) Act. Instead of holding a preliminary inquiry before a magistrate under the latter act, new indictable cases now will go straight to the High Court.
The AJIPAA provides for a two-step procedure, with an initial hearing followed by a sufficiency hearing.
During the initial hearing, a master of the High Court will read the charge to the accused, inform them of their right to legal representation, consider an application for bail, and issue a scheduling order regarding dates for submission of documents and service of the indictment.
The master thereafter will conduct a sufficiency hearing to determine whether there is sufficient evidence to establish a prima facie case of any indictable offense. Both the prosecutor and the accused must appear at the hearing, but witnesses are not required to attend unless otherwise ordered. The court will record all exhibits relied on by the prosecution or the defense and review witness statements and documentary evidence. After reviewing the evidence and considering any submissions authorized under the act, the master may discharge the accused; order that any indictable offense on the indictment be dealt with by the High Court in accordance with the Criminal Procedure Act; or make any other appropriate order.
According to the Trinidad and Tobago’s judiciary website, the new system includes the following features:
- Indictable cases will go straight to the High Court. Indictable matters are complaints filed for very serious offences, such as murder, kidnapping, money laundering and some forms of sexual abuse.
- All indictable matters are to be filed on the Judiciary’s new e-forms platform SWiF. SWiF will offer a new safe and secure platform for completing and submitting court forms.
- A new case flow, introducing Initial Hearings and Sufficiency Hearings. . ..
- The AJIPAA framework encourages the use of electronic systems. With the AJIPAA framework, evidence must be uploaded digitally to the Judiciary’s evidence management platform, Case Center, and presented digitally in Court. This reduces opportunity for delay in the court process in instances when physical evidence is not readily available and makes its presentation more secure and clearer.
The judiciary website notes that processes have been adapted to enable implementation of the AJIPAA, and orientation sessions have been organized for the bar, agencies, and other stakeholders to introduce them to the new procedures.
Ruth Levush, Law Library of Congress
September 6, 2024
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