Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697631530445.pdf (Antigua and Barbuda)
No.

13 of 2004.

The Magistrate's Code of Procedure (Amendmeng Act, 2004.

1 ANTIGUA 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- cedure (Amendment) Act, 2004. short title and 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 section 2 Cap.
255. ferred to as "the principal Act", is amended in section 2 by the deletion from the defmitions of "adult", "child" and "young 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 14, 15, 16,20 and 21. pealed.

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 AND BARBUDA The Magistrate's Code of Procedure (Amendment) Act, 2004.

No.

13 of 2004.

"COMMITTAL PROCEEDINGS" Repeal and substitution of section 41.

5.

Section 4 1 of the principaf~ct is repealed and the following substituted: "Definition of "committal proceedings" "deposition".

4 1.

(1) In this Act, "committal proceedings" means proceedings under this Part for the corn- mittal of a person accused of an indictable of- 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 section 42.

6.

Section 42 of the principal Act is amended by the deletion of the words "a preliminary inquiry" and the substitution of the words "committal proceedings".

Insertion of sec- tions 4 2 A p and 42C.

7.


The principal Act is amended by the insertion, immediately 42B after section 42, of the following sections: "Institution of ceedings.

42A.
42A.

(1) All committal proceedmgs shall be instituted under the direction of the Director 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 in rep1 y .

42B.

(1) After the documents under sec- tion 42A(1) have been served on the accused 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 (Amendment) Act, 2004.
3 ANTIGUA 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.

42C.

A Magistrate holding committal pro- Committal 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.
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 next of kin"; section 43.

9.

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

section 44.

10.
section 44.

10.

Section45 of the principal Act is repealed and the follow- Repeal and substi- tution of section 45. ing of subsection substituted: "Offences either on ment or marily.

45.
45.

(1) Where an adult is charged with an triable 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 AND BARBUDA The Magistrate's Code of Procedure (Amendment) Act, 2004.

No.
No.

13 of 2004.

(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- tution o f section 46.


11.

Section 46 of the principal Act is repealed and the follow- ing section substituted: "Adult pleading t n summarily in cer- tain cases.

\ , 46.
(1) Where an adult is charged with an indictable offence in respect of which the pen- alty prescribed by law does not exceed any of 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 (Amendment) Act.

2004.

5 ANTIGUA 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.

13.

The principal Act is amended by the insertion, immedi- ately after section 48, of the following section: Repeal of section 47.

Insettion o f sec- tion 48.

"Substitution of indictable charge of a like klnd.

48.
(1) Subject tosubsection (2), where, in committal proceedings on a charge of an in- dictable offence the Magistrate is of the opin- 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- tution of section 50. ing section substituted: ANTIGUA 6 AND BARBUDA The Magistrate's Code of Procedure (Amendment) Act, 2004.

No.
No.

13 of 2004.

"Power to adjourn or remand.

50.

Where a person is charged with an in- 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 51, 52, 53, 54, 55, are repealed.

56 and 57.

16.

Sections 51,52,53,54,55,56 and 57 of the principal Act Repeal and substi- tution Of section 58 and 57.

17.

Sections 58 of the principal Act is repealed and the follow- ing section substituted: 58.
(1) At the conclusion of the committal "Final decision on 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 of section 62.

18.

Section 62 of the principal Act is amended - (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 (Amendment) Act, 2004.

7 ANTIGUA AND BARBUDA (a) high treason, misprision of treason and treasonable felony; (b) murder or attempted murder; (c) (d) (e) robbery or robbery with aggravation involving the use of a firearm; an offence involving the possession or use of an offensive weapon; 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) u n l a 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 1995.

Act.

NO.
Act.

NO.

9 of (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.
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 examined" and the substitution of the words "At the conclurrion of the committal proceedings".

section 69.

ANTIGUA 8 AND BARBUDA Repeal of section 70.

Amendment of section 71.

The Magistrate's Code of Procedure (Amendment) Act, 2004.

No.

13 of 2004.

20.

Section 70 of the principal Act is repealed.

21.
Section 71 of the principal Act is amended - (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 section 76.

22.
22.

Section 76 of the principal Act is amended - (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 (Amendment) Act, 2004.
9 ANTIGUA AND BARBUDA (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- pensation.

95.
95.

The Magistrate may, or an application 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 the words "the Schedule".

150.

26.

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

"PART W I A APPEALS BY DIRECTOR OF PUBLIC PROSECUTIONS Interpretation.

191A.
191A.

In this Part, "judgment" includes an order, a ruling and a final decision of a Magistrate's Court; Appeals by Direc- tor ecutions.

Pros- 191B.

(1) The Director of Public Prosecu- tions may, subject to subsection (2), appeal to 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 AND B r n U D A The Magistrate's Code of Procedure (Amendment) Act, 2004.

No.

13 of 2004.

(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.
19 1 C. The law applicable to appeals in crinli- nal proceedings shall apply to the procedure 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."

Procedure, etc.

for D.P.P.

by Repeal of First Schedule.

Amendment Sec- Ond Amendment of section 56 of Cap.

224.

Cap.

255.

27.


The First Schedule to the principal Act is repealed.

28.

The Second Schedule to the principal Act is amended by the deletion, from its title, of the word "Second."

29.
29.

Section 56 of the Interpretation Act is amended - (a) by the insertion of the following definition: "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.

118.

30.

The Criminal Procedure (Committal for Sentence) Act is repealed.

No.

13 of 2004.
No.

13 of 2004.

The Magistrate's Code of Procedure (Amendment) .4ct, 2004.

1 1 ANTIGUA AND BARBUDA Passed the House of Representatives this 23rd day of September, 2004.

Passed the Senate this 7th day of October, 2004.

D. Giselle Isaac-Arrindell, Speaker.

Edmond AMansoor, President.

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

y. Henry, 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 ]