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Gov’t enhancing criminal justice capacity, but failure to confirm Chief Justice and Chancellor raises concerns

Admin by Admin
February 20, 2025
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Yesterday, Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, launched a workshop aimed at familiarising key stakeholders with the newly enacted Criminal Procedure (Plea Discussion, Plea Agreement, and Assistance) Act 2024. The session, held at Cara Lodge Hotel on Quamina Street in Georgetown, brought together investigators, prosecutors, and other legal professionals involved in the criminal justice system.

The Criminal Procedure (Plea Discussion, Plea Agreement, and Assistance) Act 2024, which came into effect on January 21, 2025, represents a shift in criminal justice procedures. This legislation introduces the option for plea agreements to be negotiated between defendants and state prosecutors before a guilty verdict is rendered, offering an opportunity to expedite case resolutions and reduce the heavy backlog of cases in the courts.

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𝐂𝐥𝐚𝐫𝐢𝐟𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐨𝐧 𝐋𝐚𝐧𝐝 𝐀𝐥𝐥𝐨𝐜𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐔𝐧𝐚𝐮𝐭𝐡𝐨𝐫𝐢𝐬𝐞𝐝 𝐂𝐨𝐧𝐬𝐭𝐫𝐮𝐜𝐭𝐢𝐨𝐧 𝐚𝐭 𝐏𝐥𝐧. 𝐋𝐞 𝐑𝐞𝐬𝐬𝐨𝐮𝐯𝐞𝐧𝐢𝐫

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Attorney General and Ministry of Legal Affairs Anil Nandlall

The new act also mandates that courts inform defendants of their option to plea bargain, a provision aimed at reducing the number of cases that proceed to trial.

The Criminal Procedure (Plea Discussion, Plea Agreement, and Assistance) Act 2024 repeals the older Criminal Procedure (Plea Bargaining and Plea Agreement) Act Cap 10:09, and is expected to contribute to a faster, more efficient judicial process.

By streamlining procedures and offering alternatives to lengthy trials, the government has made clear its commitment to ensuring justice is administered swiftly and fairly.

Another topic discussed during the workshop was the Criminal Law Procedure Paper Committal Legislation, which will replace preliminary inquiries with a more efficient process. While this legislation is yet to be enacted, it positions Guyana as a leader in regional law reform and builds upon international commitments like the Needham’s Point Declaration on Criminal Justice Reform, developed by the Caribbean Court of Justice (CCJ) Academy of Law.

The declaration outlines over 20 measures that Caribbean states are encouraged to adopt to improve criminal justice efficiency.

A section of the persons attending the workshop on Wednesday, February 19, 2025

Minister Nandlall explained that the purpose of the workshop was to ensure that legal professionals were equipped with the knowledge and tools necessary to effectively implement the new legislation.

Despite these advancements in the criminal justice system, the government’s actions on another critical matter have raised concerns.

The  People’s Progressive Party (PPP) government has been criticised for making a mockery of the judiciary, pointing to the ongoing failure to confirm the appointments of acting Chief Justice Roxane George-Wiltshire and acting Chief Chancellor Yonette Cummings-Edwards. This failure comes despite Leader of the Opposition, Aubrey Norton, communicating his support for their appointments, as required by Article 127 of the Constitution of Guyana.

The continued delay in confirming these critical appointments is deeply troubling, as it erodes public confidence in the judiciary. Such inaction represents a blow to democratic societies anywhere, as an independent and functional judiciary is a cornerstone of democracy and the rule of law

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