A booklet entitled “Code for Prosecutors” was published inAnguillaon Wednesday this week by the Attorney General’s Chambers in association with the Royal Anguilla Police Force.
“This is a new development forAnguilla,” the Attorney General told reporters in giving a summary of the Code. “It is a document for assisting and ensuring that justice is done in all of the prosecutions inAnguilla. It is of vital importance that all prosecutions are dealt with in a fair, consistent and transparent manner. Each person who is brought before the criminal courts should know the principles that would be applied in deciding whether a case would be brought or continued against him or her. Those principles will be applied regardless of that person’s associations, family connections, wealth or any other personal factor.”
He further explained that the Code sets out the criteria that must be applied in relation to every prosecution. “The Code establishes a two-stage test in deciding whether a prosecution should be initiated or continued,” he stated. “First and foremost, this is the first test that is set out in this document. There has to be sufficient evidence to enable a realistic prospect for conviction. Without that, there should not be a prosecution.
“It is only if that first test is satisfied that the determination will be made upon the second test. The second test is that the prosecution has to be in the public interest. If it is, and both tests are satisfied, the prosecution will be commenced. It is not just at the outset that the test will be applied. It will be throughout the currency of the case before the court.”
Mr. Wood explained that what could happen is that evidence could come to light, and things might be said and done which could change the way a case should be properly viewed. Therefore, it would be imperative that the Code should be applied throughout each stage of the proceedings.
The Attorney General continued: “The decision to prosecute an alleged offender would be the product of careful consideration both by police officers and the Legal Department…This is not just simply a document that somebody wrote and is being distributed to everybody to read and to follow…I am extremely grateful for the hard work of many people in constructing this document. It has taken a lot of time and energy from a lot of people.”
He observed it was probably started by a representative from the Prosecution Services in theUK- who visitedAnguillalast December – and with the assistance of the Foreign and Commonwealth Office. He said there were several workshops with direct input from Crown Counsel, members of the Police Force and also from Customs Officers.
“It is a Code for prosecutors in Anguilla, created by prosecutors inAnguilla,” Mr. Wood added. “I hope that it would be read not only by law enforcement officers, lawyers, clients and so forth, but also members of the public.”
Crown Counsel, Erica Edwards, who accompanied the Attorney General, commented: “We now have something in writing so that everyone can understand and know how we came to our decision.”
