Saint Lucia is moving closer to judge-only trials following the presentation of the Criminal Code (Amendment) and Supreme Court (Amendment) Bills by Attorney General Leslie V. Mondesir at Tuesday’s sitting of the House of Assembly.
The amendments aim to address the growing backlog of criminal cases in the High Court by allowing defendants to opt for trials decided solely by a judge rather than a jury.
Mondesir explained that this change would help expedite the judicial process, particularly for cases involving complex evidence or those that have garnered pre-trial publicity.
“Judge-alone trials would be suited for certain types of cases,” he said. “You may have a high-profile case, a serious case, a murder trial, or a long and complex case which involves technical evidence. You may have a case that has garnered pre-trial publicity, graphic evidence may be lead in a trial, you may have allegations of intimidation or threat to jurors, or bias. So you may want to have a judge-alone trial.”
Additionally, the Supreme Court (Amendment) Bill redefines the term ‘verdict’ to include decisions made by a judge alone, streamlining the process further.
The move comes amid mounting concerns over delays in the legal system, with Mondesir acknowledging that the criminal division of the High Court is struggling with a significant backlog.
“They are unable to dispose of these cases in a timely manner,” he said, highlighting the urgent need for reform.
Weaknesses within the judicial system, such as jurors’ lack of interest, jury tampering, and threats against jurors, were also identified as key factors driving the need for the amendments.
Support for the amendments came from both government and opposition members, with Castries Central MP and Housing Minister Richard Frederick illustrating the pressing challenges within the judicial system that he said “prevents expeditious hearings and leaves people in prisons”.
Leader of the Opposition, Allen Chastanet, also endorsed the changes, noting that groundwork for such reforms had been laid during his 2016 to 2021 administration. However, he cautioned that other systemic issues remain.
“This is a very important step for Saint Lucia,” the Micoud South MP said. “We’ve seen the backlog of cases, and while there may be great expectations that a judge-only trial is going to help expedite those – I think it will – I don’t think that’s the total panacea that we’re looking for. There are some other issues that we will have to resolve,” Chastanet said.
Chastanet also pointed out that while securing jurors has historically been difficult—an issue that judge-only trials could help resolve—the switch “is going to put tremendous pressure on the integrity and the ability of our judges”.
Saint Lucia is joining a long list of countries that conduct judge-alone trials, including Jamaica, Antigua and Barbuda, Belize, Saint Kitts and Nevis, the Cayman Islands, Canada, New Zealand and Australia.
