Sections of bill on prosecution’s right to appeal to be amended

The proposed bill seeking to grant the right of appeal to the prosecution in limited circumstances is to be amended to ensure that the acquitted person must not be held in custody.

The proposed legislation states that such an individual could get bail, but the Jamaican Bar Association has asserted that once freed, it would be an injustice for the person to remain in custody because there was no longer any charge against that person.

It was among several suggestions put forward by the association during a recent meeting with Justice Minister Delroy Chuck, who agreed with the position.

Chuck agreed that the person should remain free once acquitted and it was only if the court allowed the appeal that the Director of Public Prosecutions could lay charges against the individual.

Chuck also agreed with the suggestion that once a retrial is ordered, it must be done within a reasonable time.

The bill is to be amended to reflect this.

Further, the justice minister says he found favour with the Bar's suggestion that appeals based on facts already established should be avoided.

This will be another amendment.

The proposed right of appeal being given to the prosecution in acquittals will be in very limited cases, Chuck emphasised.

READ: Lashing lawyers, DPP says acquittal appeals offer justice for victims

Describing the talk as very constructive, Chuck says at the meeting with members of the Bar, they did not favour the right of appeal being given to prosecutors.

However, he said some admitted it might be necessary in light of the fact that there were points of law that could be discussed on appeal and the fact that most Commonwealth countries had gone that route.

He said the lawyers opposed the bill on the double jeopardy rule but he intimated to them that the limited rights that had been provided would be exceptions to that rule.

Concerns were expressed that such appeals were going to overburden the Court of Appeal with cases but Chuck says he pointed out that the experience in other countries show that there was only one such appeal in every three to five years.

It was intimated in the bill that an appeal could be made asking for reference on facts but the members of the Bar said that would be prejudicial than helpful and Chuck said that point was being reconsidered.

- Barbara Gayle

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