New criminal division system to replace criminal assizes

Many aspects of reform are in store for Dominican courts in the next coming months as there are plans to roll out a new criminal division system.

Attorney General Francine Baron-Royer has said this plan, which is aimed at reducing the amount of time it takes for a case to go to trial, is in full swing.

“I am pleased to say however that we are actively working on putting things in place for the establishment of that division early in the New Year. For those who may not know, the establishment of the criminal division will result in the abolishment of the preliminary inquiry at the magistrate’s court for indictable matter,” she stated.

“It will be replaced by a sufficiency hearing before a judge who will determine primarily on written statements whether there is sufficient evidence for the matter to go to trial. It is designed to ensure that strict timeliness are followed so that persons who are charged with serious crimes are brought to trial within a much shorter time period,” Baron-Royer stated.

Resident Judge Justice Birnie Stephenson-Brooks has been selected to oversee the implementation of the division. She said that the criminal division will be a yearlong process as opposed to the criminal assizes.

“As the criminal division will sit all year round simultaneously with the civil court, which means soon we will not be having the criminal assizes as we know them, but they will be ongoing all the time,” she explained.

She noted that training will be provided to all stakeholders including the magistrates, police, lawyers and court personnel.

Stephenson-Brooks also said that the criminal division will at first co-exist with the current criminal assizes for some time, before it is fully implemented.

Several new technological schemes will be introduced within the courts under the criminal division.

The sister island of St Lucia currently operates under this system after serving under the first pilot program of the division. Grenada is also expected to have a full implementation of the program soon.

Justice Stephenson-Brooks and Baron-Royer spoke at a ceremony to mark the opening of the new law year yesterday at the High Court of Justice.

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4 Comments

  1. Fairplay
    September 15, 2010

    Dominica needs a new and bigger prison.

  2. NATURE BOY
    September 15, 2010

    THIS IS WHAT WE REFER TO WHEN WE TALK ABOUT THE NEXT LEVEL NOT THE NEGATIVE STUFF THAT SOME SEEM TO QUICK TO HIGHLIGHT.

  3. Dr. Finger
    September 15, 2010

    Good job Francine. At least you trying to make things better in the Criminal Justice System. This was long overdue. The next step is to have Dominica adopt the Plea Bargaining System and make inroads into Deferred Adjudication Programs. If all goes well we should have government consider a juvenile prison to house those youth that are quickly becoming a menace to society.

  4. BEST INTEREST
    September 15, 2010

    I must say this is a step in the right direction. I applaud the people who have initiated this plan and hope that its implementation will be carried out in a smooth manner. I have always lamented the time it takes for criminal cases to be heard, the fact that many witnesses forget tiny and important details, some people even leave the state and police officers get amnesia.

    While we are on this street to progress, I would like to see the establishment of a separate court to deal with simple civil matters and vehicular incidences. Cases where people get into fracas and small fights, quarrels and name callings, can be dealt with quickly. Also, matters involving vehicular accidents need to be dealt with more urgency. A person has wrongfully damaged another one’s vehicle it should not take three years to settle the matter.

    Once again, I express my appreciation towards a step in the right direction.

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