Consistency, efficiency expected as regional Criminal Bench Books distributed locally

Stakeholders in the local judiciary and law enforcement agencies have been equipped with a new law book series that will ensure there is more efficiency and expediency in the court rooms.

Funded by the Canadian Government under the Judicial Reform and Institutional Strengthening (JURIST) Project, the Caribbean Court of Justice (CCJ) in collaboration with the University of West Indies’ Cave Hill Campus compiled the Criminal Bench Books for Magistrates and Parish Court Judges in the Caribbean Region.
This three-volume manual is intended to guide Magistrates, Prosecutors and Defence Counsel in criminal proceedings in the Magistrates’ Court and to some extent judges in the High Court in the Commonwealth Caribbean. It is a compilation of rules and procedures, case laws and policies from judicial officers across the region.
On Wednesday, copies of this law book series were presented to key stakeholders and users of the criminal justice system including: the Upper Judiciary, the Magistracy, the Director of Public Prosecutions (DPP), the Guyana Police Force (GPF), the Office of the Police Legal Advisor, the Special Organised Crime Unit (SOCU), the Customs Anti-Narcotics Unit (CANU), the Guyana Bar Association and the Guyana Revenue Authority (GRA).
The handing over was done by Attorney General and Legal Affairs Minister Anil Nandlall, S.C., who said the book is a manual to provide guidance both in court and for case law research. He underscored the importance of the Bench Books in ensuring efficiency and timeliness during court proceedings.
“It is my view that if the prosecutors, the magistrates and the defense counsel are singing from the same proverbial hymn book, how can you get the song wrong. One of the greatest characteristics of a proper justice system is one that applies the law consistently and uniformly. How better way to achieve these principles and crucial objectives when you have a singular manual from which everyone is seeking guidance.”
“It will bring coincidence of the mind and understanding at the far greater rate than if the prosecutors is reading from one book, the defence is reading from another book and the magistrate reading from a third book. You will have a discord about in the arguments, and great time and effort will have to now be expended in finding commonality in the three sources from which the law is being drawn in a singular case. That clash is removed and replaced by a common symptom with the utilization of a common source of guidance and that is what the book presents,” the minister explained.
The Attorney General described the book “a complete code” since it details laws and procedures in every step, chronologically, of the legal criminal process from arrest to conviction. He added that it a timely addition to the work that the Guyana Government has done and is doing to enhance the Administration of Justice.
“So, this book, I believe, will provide tremendous assistance in understanding and applying the law and obviously will bring resultant badly needed speed in the criminal justice system,” Nandlall posited.
In addition to speeding up court proceedings, Director of Public Prosecutions (DPP) Shalimar Ali-Hack said these Bench Books will also address backlogs in the courtrooms.
“So, we will have timely disposal of cases, a reduction in the backlog and [it will also] prevent us from building or backlogging… because when we clear up a backlog and we look back at it, another backlog has been created… And it will bring consistency in the decisions and in the hearings throughout Guyana, whether it’s a court in Demerara, a court in Berbice or a court in Essequibo,” Ali-Hack stated.
The DPP also cautioned stakeholders to ensure when they are using the book that they use and cite Guyana’s laws since the book contains legislations from across the region.
While the Government through the AG’s Chamber received limited copies of the Bench Books, permission was received for Guyana to replicate copies and distribute to key stakeholders locally.
This exercise was done under the Support for Criminal Justice (SCJS) Project, funded by the Inter-American Development Bank (IDB).
According to IDB Country Representative in Guyana, Lorena Solorzano Salazar, the Bench Books are an invaluable amalgamation of the relevant principles and procedures in the Criminal Justice System in Guyana. She said they are essential for judges and magistrates to ensure they are providing the most recent legal developments and also implement best practices across the country in accordance with the Caribbean.
“These resources provide a comprehensive guide to the law and procedures in criminal cases. The effort in the past to put together these publications will fill the void and help us to achieve more consistency, predictability and transparency in submissions,” the IDB official said.
It was noted that the region Criminal Bench Book complements the work being done under the SCJS initiative in Guyana. (G8)