Latest update March 28th, 2024 12:59 AM
Jan 04, 2013 News
– error in sexual offences legislation fixed
Government will move to introduce amendments to the laws shortly that will see an increase in the number of judges in the High Court.
The shortage has been blamed on the huge backlog of cases in the High Court which has over the years been clogging the justice system. This has been the subject of much criticism by legal minds and other affected persons. There have been cases before the court for more than a decade.
The announcement was made by Attorney General and Minister of Legal Affairs, Anil Nandlall, yesterday during the first sitting of the National Assembly of the New Year.
The assembly earlier passed a significant amendment to the Sexual Offences Bill which was passed in 2010, but due to an oversight, allowed persons charged with rape not to be able to defend themselves in the Magistrates’ Court.
That Bill allowed the Magistrate to rule on a paper committal and send the matter straight to the High Court. A paper committal is when the Magistrate reads the brief and decides on that reading that there is enough evidence for a trial.
The amendment was unanimously carried by both the governing People’s Progressive Party/Civic (PPP/C), A Partnership For National Unity (APNU) and the Alliance For Change (AFC).
In defending the amendment, the Attorney General noted that the Sexual Offences Bill was considered a landmark one when passed by the National Assembly in 2010 after wide ranging consultations.
However, it ran into problem in August of that year after Chief Justice (ag), Ian Chang, ruled that it is unconstitutional for a rape accused to not have an opportunity to defend himself/herself in the lower court.
Since that ruling, Magistrates have been reluctant to use the paper committal route to send matters directly to the High Court…a horrendous situation, the AG said.
The amendment to the Sexual Offences Bill also included changes to allow minors who are witnesses to not have to sign but leave an identifying mark.
THIS IDIOT TELLING GUYANA WE HAVE NO SAY IN THE 50% PROFIT SHARING AGREEMENT WE HAVE WITH EXXON.
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