DPP and defence lawyer hail one-trial legislation
DIRECTOR OF Public Prosecutions (DPP) Paula Llewellyn and Peter Champagnie, a defence lawyer, have said that it is an “excellent” move by the Government to propose changes to the law to empower courts to order convicted offenders in criminal matters to pay restitution to their victims.
That proposal is contained in the Criminal Justice (Administration) (Amendment) Bill, 2017. It is also accompanied by a one-trial bill – the Indictments (Amendment) Bill, 2017 – which will allow courts, in one trial, to consider more than one offence, arising from one set or a series of related circumstances, against an accused.
An indictment is the document used to charge an offender.
SHOULD HAVE HAPPENED
Justice Minister Delroy Chuck opened the debate on the bills in the House of Representatives on Tuesday. “It’s an idea whose time should have come a long time ago,” Llewellyn told The Gleaner, noting that the change would help prosecutors perform more efficiently. “[For example], you may have a possession and dealing in ganja offence, and during the particular enterprise, somebody from law enforcement or some other member of the public is injured. What would happen in the parish court is that you would have to try the summary part, which is the possession and dealing in ganja. At a later date, you would have to try the wounding part.”
The DPP said that under the proposed regime, both the possession of ganja as well as the wounding matter would be heard at the same trial.
Champagnie also agreed that the two pieces of legislation were overdue.
“I think they are excellent recommendations. I think the amendment as it relates to indictment saves time. It presents a duality in terms of two matters arising from similar facts being tried separately.”