The Attorney General in Anguilla, Mr. Rupert Jones, has given an address in which he informed the High Court and members of the public about the Revision and Consolidation of Laws of the island. He was at the time speaking in the Court at the opening of Law Year 2015-2016.
Among the matters he spoke on was the published Anguilla Police (Amendment) Bill 2015, now the subject of much debate and concern on the island. Following is the unedited text of the relevant portion of his address:
“Revision and Consolidation has been ongoing in Anguilla.
By the end of this year Chambers will have the pleasure of publishing the revised and consolidated laws of Anguilla up to date to 15 December 2014. This would not have been possible without the enormous effort on behalf of the Law Revision Centre, Chambers and the Consultant engaged, all of whom I thank. The last edition of the laws was published in 2012 and included the revised laws to 2010.
Therefore, Anguilla is reaffirming its commitment to the rule of law. Indeed the aim is that this new edition of the law is published on a free to access website so that it is available for any member of the public to view – true access to justice – and a chance for all to look at the law through fresh eyes.
Under the Revised Statutes and Regulations Act of Anguilla the law revision commissioner has the power to refine previously published laws so as to give them clarity and sense. I hope that this publication will allow all Anguillians to understand and reflect upon the laws by which they abide. It is right that all have the perspective to affirm and consolidate the laws that work for the good of the nation but seek to reform and revise those that might be developed.
Last year I addressed the community’s concerns about gun crime. The Government has recently published the Anguilla Police Amendment Bill 2015 – which is available for public comment with a first reading of the Bill due at the House of Assembly and continuing views and feedback will be received prior to any second or third reading. The views expressed as part of any feedback will be considered. Many would think that the public would consider there is an urgent need for this type of reform to give police a greater ability to investigate and prosecute offences, particularly those ones which threaten the fabric of society.
The aim of the Bill is to give the police the power to take non-intimate samples, for example swabs for gun-shot residue or DNA analysis upon a suspect being arrested. Under the existing law there always has to be reasonable grounds to suspect any individual of committing an offence before they can be arrested and the reasonable grounds for arrest can always be challenged in court. The current law in force only grants the power to the police to take samples from a person after they have been charged. Bringing this forward to the time of arrest would bring the law into line with regional norms (such as provided under the Cayman Islands Police Law) and international standards. At the moment the power only exists upon the police charging a defendant ie. having sufficient evidence to prosecute. But the evidence from a non-intimate sample may be the very evidence needed to provide sufficient evidence to prosecute them in the first place. Hence the law needs strengthening to maximise the chance of prosecuting offences such as gun crime and serious offences etc. The definition of what constitutes a non-intimate sample is also proposed to be brought into line with regional and international norms.
I must emphasise that there are reasonable safeguards for the protection of the rights of suspects contained in the Bill – if a suspect does not consent to the taking of the sample then the matter would go before a Magistrate to decide and if the suspect is not charged with an offence or acquitted following charge then the sample would be destroyed.
This is just one of a list of revisions to the law that the Government seeks to promote. In June 2015 the Government finalised a fresh legislative agenda. This included the return of the LEGAL PROFESSION BILL to provide for the regulation of the legal profession in Anguilla along the lines of the regional model. I know that many within the profession have asked to see this Bill progressed. We are in the process of finalising the draft before re-circulating it for consultation with the legal community and public.
The following Criminal Justice Bills have also been included on the approved legislative agenda:
The agenda includes –
1. MAGISTRATE’S CODE OF PROCEDURE (AMENDMENT) BILL
2. EASTERN CARIBBEAN SUPREME COURT (AMENDMENT) BILL
Amongst other measures, these will be to reform the system of Preliminary Inquiries, to speed up committals from the Magistrate’s Court for trial and reduce the prospect of witnesses having to give oral evidence twice.
1. POLICE AND CRIMINAL EVIDENCE ACT
2. POLICE (AMDT) ACT
The Government has made a commitment to pass further comprehensive legislation to support the fight against crime. These Acts would allow for codification of police procedures on arrest, detention and treatment of suspects, allow for the use of Police dogs, reform and modernize the law relating to the police force etc.
3. VULNERABLE WITNESSES AND WITNESS PROTECTION BILL
To make provision for special measure for vulnerable witnesses and witness protection to support those in the community coming forward to give evidence in support of prosecuting criminals.
4. JUVENILE (AMDT) BILL
5. PROBATIONS (AMDT) BILL
6. MAGISTRATES CODE OF PROCEDURE (AMDT) ACT
To regularise definitions of juvenile, child and young person along international norms.
7. ANTI-CORRUPTION/BRIBERY BILL
To delivers the Government’s commitment towards tackling crime and corruption. Enable Anguilla to request the extension of the United Nations Convention on Anti-Corruption.
The two processes of revision and consolidation will flow on this year. I would like to express my thanks and praise to all who work in administration of justice and seek to uphold the law this legal year, members of the judiciary, members of the legal profession, RLRC, Chambers, Court staff and all Court users. We wish you well in the coming legal year and commend to you its opening.”
