Magistrates Code of Procedure (Amendment) Act 2004

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No. 13 of 2004. The Magistrate's Code of Procedure 1 ANTIGUA
(Amendmeng Act, 2004. AND

BARBUDA

I Assent,

James B. Carlisle,
Governor-General.

18th October, 2004.

ANTIGUA AND BARBUDA

No. 13 of 2004

AN ACT to amend the Magistrate's Code of Procedure Act.

ENACTED by the Parliament of Antigua and Barbuda as fol-
lows:

[ Published in the Oficial Gazette Vol. XYIV
No. 79 dated 4th November, 2004 ]

1. (1)This Act may be cited as the Magistrate's Code of Pro- short title and
cedure (Amendment) Act, 2004. application.

(2) This Act shall apply to legal proceedings pending on the
commencement of this Act and legal proceedings instituted on
or after the commencement of this Act.

2. The Magistrate's Code of Procedure Act, in this Act re- Amendment of
ferred to as "the principal Act", is amended in section 2 by the section 2 Cap.
deletion from the defmitions of "adult", "child" and "young 255.

person" of the words "age of sixteen years" and the substitution
of the words "age of eighteen years".

3. Sections 14, 15, 16,20 and 21 of the principal Act are re- Repeal of sections
pealed. 14, 15, 16,20 and

21.

4. The principal Act is amended in Part 111 by the deletion of Amendment of
the title of that Part and the substitution of the following: title of Part 111.

ANTIGUA 2 The Magistrate's Code of Procedure No. 13 of 2004.
AND (Amendment) Act, 2004.

BARBUDA

"COMMITTAL PROCEEDINGS"

Repeal and 5. Section 4 1 of the principaf~ct is repealed and the following
substitution of substituted:
section 41.

"Definition of 4 1. (1) In this Act, "committal proceedings"
"committal means proceedings under this Part for the corn-
proceedings" mittal of a person accused of an indictable of-
"deposition". fence for trial by jury.

(2) For the purposes of this Act and any
other law, a reference to a deposition in rela-
tion to committal proceedings shall be con-
strued as a reference to any statement admit-
ted in evidence in committal proceedings un-
der this Act."

Amendment of 6. Section 42 of the principal Act is amended by the deletion
section 42. of the words "a preliminary inquiry" and the substitution of the

words "committal proceedings".

Insertion of sec- 7. The principal Act is amended by the insertion, immediately
tions 4 2 A p 42B after section 42, of the following sections:
and 42C.

"Institution of 42A. (1) All committal proceedmgs shall be
instituted under the direction of the Director

ceedings.
of Public Prosecutions by the filing of -

(a) one or more -mitten statements of
witnesses in support of the
charge; and

(b) a list of exhibits, if there are any
exhibits which the prosecution in-
tends to produce in connection
with the proceedings.

(2) The Director of Public Prosecutions
shall, as soon as practicable, cause the docu-
ments filed under subsection (1) to be served
on the accused person.

Accused may 42B. (1) After the documents under sec-
in tion 42A(1) have been served on the accused

rep1 y . person and within such period as may be speci-
fied by a Magistrate, the accused may, in re-
ply, file his own statement and any statement

No. 13 of 2004. The Magistrate's Code of Procedure 3 ANTIGUA
(Amendment) Act, 2004. AND

BARBUDA

of his witnesses and a list of exhibits, if there
are any exhibits which the accused person in-
tends to produce in connection with the pro-
ceedings, but failure by the accused person to
file any documents or the lack of any such
documents shall not, in itself, affect the power
of the Magistrate to proceed with and con-
clude the committal proceedings or to take any
other action permitted by this Act.

(2) The Court shall cause the reply filed un-
der subsection (1) to be served on the Director
of Public Prosecutions.

Committal 42C. A Magistrate holding committal pro-
on written state- ceedings may commit an accused person for
ments only. trial by jury on a charge of an indictable of-

fence if he is satisfied that either the charge
supported by the evidence in the documents
filed under section 42A(1) alone or in conjunc-
tion with aily documents filed under section
42B(1), establish or are likely to establish the
indictable offence charged or an indictable of-
fence of a like kind which is not otherwise
within his jurisdiction to deal with summarily."

8. Section 43 of the principal Act is amended by the insertion Amendment of
immediately after the word "guardian" of the words "or an adult section 43.
next of kin";

9. Section 44 ofthe principal Act is amended by the insertion, Amendment of
immediately after the word "guardian" wherever it appears, of section 44.
the words "or an adult next of kin".

10. Section45 of the principal Act is repealed and the follow- Repeal and substi-
ing of subsection substituted: tution of section

45.

"Offences
either on
ment or
marily.

triable 45. (1) Where an adult is charged with an
indict- offence that is, by virtue of any enactment,

sum- both an indictable offence and a summary of-
fence, the prosecution shall inform the Magis-
trate dealing with the charge in the presence
of the accused person whether the charge is
to be tried on indictment or summarily and the
Magistrate may make an order to deal with the
case in ~ccordance with that information.

ANTIGUA 4 The Magistrate's Code of Procedure No. 13 of 2004.
AND (Amendment) Act, 2004.

BARBUDA

(2) %ere the person charged fails to ap-
pear to answer the charge, the information re-
quired to be given by the prosecution under
subsection (I) may be given in his absence.

(3) Before making an order under subsec-
tion (1), the Magistrate shall give the accused
person an opportunity to show cause, by way
of submission only, why, the order should not
be made.

(4) This section shall not be construed as
affecting the operation of section 46.

Repeal and substi- 11. Section 46 of the principal Act is repealed and the follow-
tution o f section ing section substituted:
46.

"Adult pleading 46. (1) Where an adult is charged with an
\ , "

t n indictable offence in respect of which the pen-
summarily in cer- alty prescribed by law does not exceed any of
tain cases. the following:

(a) a fine of $10,000; or

(b) a term of imprisonment for twenty-
four months,

and the accused person pleads guilty or con-
sents to the case being dealt with summarily,
the Magistrate shall deal summarily with the
offence and, notwithstanding any other law,
may impose such penalty not exceeding the
penalty prescribed for the offence as he con-
siders appropriate.

(2) In every case to which subsection (1)
applies, the Magistrate shall, after reading the
charge to the accused person, question him to
the following effect:

(a) "How do you plead to the
charge?"; and

(b) if the accused person does not
plead not guilty:

No. 13 of 2004. The Magistrate 's Code oJProcedure 5 ANTIGUA
(Amendment) Act. 2004. AND

BARBUDA

"Do you wish t~ be tried by jury
or do you consent to your case
being dealt with summarily?'

and shall explain to the accused, if necessary,
the meaning of the case being dealt with sum-
marily or by a jury."

12. Section 47 of the principal Act is repealed. Repeal of section
47.

13. The principal Act is amended by the insertion, immedi- Insettion o f sec-
ately after section 48, of the following section: tion 48.

"Substitution 48. (1) Subject tosubsection (2), where, in
of indictable committal proceedings on a charge of an in-
charge of a like dictable offence the Magistrate is of the opin-
klnd.

ion that the evidence in the documents filed
under section 42A(1) either alone or in con-
junction with the evidence in the documents
filed under section 42B(1) or any additional
evidence in the documents filed under section
7 1 (3), an indictable offence of a like kind to the
offence charged is established or appears likely
to be established, the Magistrate may make
such order for the alteration of the charge by
the substitution of another charge of an in-
dictable offence of a like kind to the offence
charged as he thinks necessary in the circum-
stances of the case unless the order cannot, in
his opinion, be made without causing injus-
tice; and the Magistrate shall thereafter pro-
ceed to deal with the case as provided for in
this Act in relation to indictable offences.

(2) Before making an order under subsec-
tion (1), the Magistrate shall give the prosecu-
tion and the accused person an opportunity
to show cause, by way of submission only,
why the order should not be made."

14. Section 49 of the principal Act is repealed. Repeal of section
49.

15. Section 50 of the principal Act is repealed and the follow- Repeal and substi-
ing section substituted: tution of section

50.

ANTIGUA 6 The Magistrate's Code of Procedure No. 13 of 2004.
AND (Amendment) Act, 2004.

BARBUDA

"Power to 50. Where a person is charged with an in-
adjourn or
remand.

dictable offence, the Magistrate may, during
committal proceedings, from time to time ad-
journ the case and remand the accused per-
son."

Repeal of sections 16. Sections 51,52,53,54,55,56 and 57 of the principal Act
51, 52, 53, 54, 55, are repealed.
56 and 57.

Repeal and substi- 17. Sections 58 of the principal Act is repealed and the follow-
tution Of section ing section substituted:
58 and 57.

"Final decision on 58. (1) At the conclusion of the committal
committa1 pro- proceedings, the Magistrate may, subject to
ceedings. subsection (2), make any of the following or-

ders:

(a) dismiss the charge and, if the ac-
cused person is in custody, make
an order for his release;

(b) commit the accused person for trial
by jury; or

(c) make any other order in relation
to the case, the charge or the ac-
cused as provided for in this Act
or in any other law.

(2) Before making an order under subsec-
tion (I), the Magistrate shall, on an applica-
tion, give the prosecution or the accused per-
son, as the case may be, an opportunity to
show cause, by way of submission only, why
the order should not be made."

Amendment 18. Section 62 of the principal Act is amended -
of section 62.

(a) by the deletion of subsection (3) and the substitu-
tion of the following:

"(3) A Magistrate shall not admit to bail a person
charged with any of the following offences:

No. 13 of 2004. The Magistrate's Code of Procedure 7 ANTIGUA
(Amendment) Act, 2004. AND

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(a) high treason, misprision of treason
and treasonable felony;

(b) murder or attempted murder;

(c) robbery or robbery with aggravation
involving the use of a firearm;

(d) an offence involving the possession
or use of an offensive weapon;

(e) unlawful possession of a firearm or
ammunition or unlawful use of a fire-
arm, contrary to any provision of the
Firearms Act; Cap. 171

( f ) contravention of any condition at-
tached to a licence, certificate or per-
mit granted under the Firearms Act; cap. 17 I .

(g) un la f i l importation of firearms con-
trary to the provisions of the Fire- Cap. 171.
arms Act or any other law;

(h) offences under the Sexual Offences ~ c t NO. 9 of
Act. 1995.

(6) by the insertion, immediately after subsection (3), of
the following subsection:

"(4) In paragraph (d) of subsection (3), "offen-
sive weapon" includes any article made or adapted
for, or capable of, causing bodily harm or damage to
property and intended by the person having it with
him for that use by him.";

(c) by renumbering subsection (4) as subsection (5).

19. Section 69 of the principal Act is amended by the deletion Amendment of
of the words "At any time after all the witnesses have been section 69.
examined" and the substitution of the words "At the conclurrion
of the committal proceedings".

ANTIGUA 8 The Magistrate's Code of Procedure No. 13 of 2004.
AND (Amendment) Act, 2004.

BARBUDA

Repeal of section 20. Section 70 of the principal Act is repealed.
70.

Amendment of 21. Section 71 of the principal Act is amended -
section 71.

(a) in subsection (2) -

(9 in paragraph (b) by the addition, immediately
after the colon, of the word "and";

(hi in paragraph (c) by the deletion of the word
"and"; and

(iiii by the deletion of paragraph (d);

(b) by the repeal of subsection (3) and the substitution
of the following:

"(3) The Magistrate may, on an application
by the prosecution or the accused person, al-
low either of them to Ne documents additional
to the documents referred to in section 42A(1)
or 42B(1), respectively, within such period as
may be specified by the Magistrate; and the
documents shall be served on the other party
and be treated in the same manner as the docu-
ments referred to in those sections."; and

(c) in subsection (4) by the deletion of the words "un-
der section 70" and the substitution of the words
"under section 42C",

Amendment 22. Section 76 of the principal Act is amended -
section 76.

(a) in the marginal note, by the deletion of the words
"more than six months" and the substitution of the
words "more than two years or a fine exceeding
$10,000";

(b) in the introductory part of the section, by the inser-
tion, immediately after the words "two years", of the
words "or a fine exceeding $10,000"; and

No, 13 of 2004. The Magistrate 's Code of Procedure 9 ANTIGUA
(Amendment) Act, 2004. AND

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(c) in the first proviso thereto by the insertion, immedi- Amendment c f
ately after the word "guardian" wherever it appears, Section 95.

of the words "or an adult next of kin."

23. Section 95 of the principal is repealed and the following
section is substituted:

"Award of com- 95. The Magistrate may, or an application
pensation. by a person aggrieved and immediately after

the co~viction of the person charged, award
any amount not exceeding $10,000 to the per-
son aggrieved, in addition to any penalty, as
compensation for personal injury or damage
to property caused by the offence."

24. Section 100 of the principal Act is repealed. Repeal of section
100.

25. Section 150 of the principal Act is amended by the dele- Amendment of
tion of the words "the Second Schedule" and the substitution of 150.

the words "the Schedule".

26. The principal Act is amended by the insertion, immedi- Insertion of Part
ately after section 191, of the following Part: VIII A.

"PART W I A
APPEALS BY DIRECTOR OF PUBLIC

PROSECUTIONS

Interpretation. 191A. In this Part, "judgment" includes an
order, a ruling and a final decision of a
Magistrate's Court;

Appeals by Direc- 191B. (1) The Director of Public Prosecu-
tor Pros- tions may, subject to subsection (2), appeal to
ecutions. the Court of Appeal from a judgment of a

Magistrate's Court in respect of -

(a) an acquittal or a sentence passed
by a Magistrate's Court; or

(b) the dismissal of a charge against
an accused person in committal
proceedings.

ANTIGUA 10 The Magistrate's Code of Procedure No. 13 of 2004.
AND (Amendment) Act, 2004.

B r n U D A

(2) An appeal pursuant to subsection (1)
may be made only on the following grounds:

(a) in the case of an acquittal, on a
point of law;

(b) in tbe case of a sentence, on the
nature or extent of the sentence,
or both; and

(c) in the case of the dismissal of a
charge in committal proceedings,
on a point of law.

Procedure, etc. 19 1 C. The law applicable to appeals in crinli-
for by nal proceedings shall apply to the procedure
D.P.P.

and other matters in appeals by the Director of
Public Prosecutions in the same manner as it
applies to an appeal by any other person, ex-
cept that the Director shall not be required to
enter into a recognizance or to provide any
other security."

Repeal of First 27. The First Schedule to the principal Act is repealed.
Schedule.

Amendment Sec- 28. The Second Schedule to the principal Act is amended by
Ond the deletion, from its title, of the word "Second."

Amendment of 29. Section 56 of the Interpretation Act is amended -
section 56 of Cap.
224.

(a) by the insertion of the following definition:

Cap. 255.

"committal proceedings" means proceed-
ings under the Magistrate's Code of Proce-
dure Act for the committal of a person ac-
cused of an indictable offence for trial by
jury;"; and

(b) by the deletion of the defmition "preliminary in-
quiry".

Repeal of Cap. 30. The Criminal Procedure (Committal for Sentence) Act is
118. repealed.

No. 13 of 2004. The Magistrate's Code of Procedure 1 1 ANTIGUA
(Amendment) .4ct, 2004. AND

BARBUDA

Passed the House of Representatives this Passed the Senate this 7th day of
23rd day of September, 2004. October, 2004.

D. Giselle Isaac-Arrindell,
Speaker.

Edmond AMansoor,
President.

y. Henry, y. Henry,
Acting Clerk to the House of Representatives. Acting Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer

-By Authority, 2004.
800-11.04 [ Price $4.70 ]

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