BRIDGETOWN, Barbados, CMC – The Barbados government says legislation on protecting witnesses based on the model used in St. Vincent and the Grenadines will shortly be shared with the Barbados Bar Association (BBA) for its consideration and comments.
Attorney General Dale Marshall told a two-day regional symposium on the Criminal Justice (Plea Negotiations and Agreements) Act, 2024-24, that “I believe that defense counsel would want to know…that a client who was going to be giving evidence against somebody and an accused would not both go up to Dodds (prison) and sit side by side.
“hat’s an that’s situation, and therefore legislation to secure the protection of witnesses in criminal cases is going to be especially important, and an important part of the toolkit,” he said, a “ding that the legislation would be modeled after that of St. Vincent and the Grenadines.
“Now, I hope “this legislation piques everyone’s interest, and we use it. Often, we pass laws, and they go into the law books, and they sit there for 10, 12, and 15 years before somebody says, ‘Wait, we go’ a law dealing with this.’
“We want c’ri “final justice reform to be meaningful…. I don’t wish to pass these pieces of legislation and leave them gathering dust. We must find a way together to make our criminal justice system work….
“We have to “find effective ways of easing some of that pressure on the police, the Office of DPP, defense lawyers, and the system. And all of these pieces of legislation, when we enact them, are intended to provide such opportunities,” the Attorn General said.
Marshall noted that the BBA’s criminBBA’smmittee had examined the Plea Bargaining legislation before it went to Parliament, and his Office was able to incorporate some of the critiques.
He said such a collaborative approach is vital because it takes them closer to a solution that works well for everyone.
The Director of Public Prosecutions in Jamaica, Paula Llewellyn, said when her country initially introduced the legislation, there were some “teething pa” ns,” but they were sorted.
“It is working very well for us, so much so that it is a part of the prosecutor’s repertoire. They have used it in several huge cases recently…. The formal plea negotiations allow you to have a sentencing negotiation and use one co-accused in a multiple-accused case against another co-accused.”
She said “that some incarcerated accused persons were mandating their attorneys contact the Office of the DPP.
“Or we have “ad situations where a high-profile matter is in the public domain, and just…before the case is going to commence, somebody, who has already been incarcerated [and] serving their sentence, has decided to take advantage of the provision.”
She said, “The symposium was necessary to know when and how to use the Plea Bargaining legislation and to ensure that the interests of the public, accused, and victims are being met.
“It’s a win-“It’s for the public interest, the accused, the victims, and society if we all get it right.”
Barbados'” DPBarbados’Babb-Agard said the legislation was based on transparency and fairness. She indicated that the Act also addresses victims’ rigvictims’ome may ar” that this legislation gives accused persons an undeserved break. Still, through plea bargaining, accused persons can plead guilty to lesser charges in exchange for reduced sentences. Justice is, therefore, accelerated.
“It has been, “said plea bargaining will help mitigate the harshness of the criminal justice system. It also provides a mechanism to incentivize defendants to cooperate with the government or accept responsibility for their criminal conduct. The plea also provides a clear and certain resolution to a case which purports to bring finality for the defendants, the victims, the courts, and the community.”
BBA president Kaye Williams said that over the past 12 to 18 months, the spotlight had been placed on the criminal justice system with its attendant reforms in the legislative framework.
She stressed that attorneys-at-law must be key stakeholders in the criminal justice system.
“That means “that as the legislative framework builds and takes a new form, …we as attorneys must stay sharp, stay focused, stay informed, [and] stay vigilant,” she said, “giving the assurance that even with its independent voice, the Bar will work together on issues of national import for the benefit of the nation.
The Office of the Attorney General hosted the symposium organized by the Office of the DPP. Alice-Ann Gabbidon, the Director of Public Prosecutions in Jamaica and the Assistant Director of Public Prosecutions in Jamaica, facilitated it.
and then 