Amendment to Establish Judge-Only Trials (2025)

Paragraph 1: Overview of the Judge Alone Trials (Amendment) Act, 2025 of Saint Christopher and Nevis

The Judge Alone Trials (Amendment) Act, 2025 of Saint Christopher and Nevis amends the Judge Alone Trials Act, No. 20 of 2024, significantly altering the landscape of criminal trials within the jurisdiction. The Act expands the scope of offences triable by a judge alone, introduces new criteria for judge-alone trials in the interests of justice, and provides explicit grounds for judges to decline such applications or recuse themselves. This amendment reflects a growing trend in legal systems worldwide to streamline judicial processes and address concerns related to jury trials, such as jury tampering, intimidation, and complexity of evidence.

Paragraph 2: Expanding the Scope of Judge-Alone Trials for Scheduled Offences

Section 4 of the amended Act mandates judge-alone trials for a wide range of offences listed in the Schedule, including various serious crimes such as larceny, forgery, drug trafficking, organized crime, terrorism, and firearms offences. This mandatory provision removes the option of a jury trial for these specified offences, regardless of the circumstances. The amendment also addresses situations where an indictment includes both scheduled and non-scheduled offences, providing the prosecution with the opportunity to apply for a judge-alone trial for the entire indictment if the counts are founded on the same facts or form part of a series of similar offences. This provision aims to enhance consistency and efficiency in the judicial process.

Paragraph 3: Judge-Alone Trials in the Interests of Justice for Non-Scheduled Offences

Section 5 of the amended Act introduces a mechanism for judge-alone trials for offences not listed in the Schedule. This allows both the prosecution and the accused to apply for a judge-alone trial based on various factors that serve “the interests of justice.” These factors include the complexity of evidence, anticipated trial length, risk of jury tampering or witness intimidation, the need to protect sensitive information, involvement of criminal gangs, potential jury confusion in cases with multiple accused, the volume of documentary or expert evidence, prejudicial pre-trial publicity, and excessive delays. This provision offers flexibility and acknowledges that certain cases may be more appropriately handled by a judge alone.

Paragraph 4: Addressing Concerns of Jury Tampering and Witness Intimidation

The amendment specifically addresses the growing concern of jury tampering and witness intimidation. Section 5 explicitly includes these factors as grounds for considering a judge-alone trial. It defines “danger of jury tampering or intimidation of witnesses” to encompass threats, actual harm, bribery, or property damage directed at jurors, witnesses, or their families. This also includes situations where previous trials have been impacted by such conduct, or where there is a history of intimidation in other proceedings involving the accused. This provision recognizes the potential for these threats to undermine the integrity of the judicial process and aims to provide a safer and more effective alternative.

Paragraph 5: Judicial Discretion and Recusal in Judge-Alone Trials

Section 5B empowers judges with the discretion to decline applications for judge-alone trials even if the criteria outlined in Section 5 are met. A judge may refuse the application if they believe a jury trial would better serve the interests of justice, prevent unfairness to the accused, or maintain the integrity of the proceedings. Furthermore, this section provides grounds for judicial recusal in judge-alone trials, ensuring impartiality and public confidence in the judicial system. Judges must recuse themselves if they have a personal interest in the case, potential bias, pre-expressed views on witness credibility, or any other circumstance that might compromise the fairness of the trial. This provision ensures that the decision-making process in judge-alone trials remains objective and free from undue influence.

Paragraph 6: The Schedule of Offences and Formal Enactment

The Schedule to the Act lists the specific offences for which judge-alone trials are mandatory. The list includes a range of serious crimes covered by various enactments, including offences related to larceny, forgery, corruption, drugs, organized crime, gangs, terrorism, firearms, and trafficking. Additionally, specific offences under the Offences Against the Person Act, namely attempted murder and shooting with intent, are included. Lastly, common law offences such as perverting the course of public justice and conspiracy to defraud are also subject to mandatory judge-alone trials. The Act concludes with the formal declaration of its passage by the National Assembly, signed by the Speaker and the Clerk, solidifying its legal standing within Saint Christopher and Nevis. This comprehensive list and formal enactment procedure demonstrate the commitment of Saint Christopher and Nevis to adapt its judicial system to address modern challenges and ensure the efficient and fair administration of justice.