Commonwealth seminar focuses on criminal law reform in Belize

A Commonwealth seminar aimed at strengthening the administration of justice in Belize was held on 24-25 June in Belize City.

Organised by the Commonwealth Secretariat in conjunction with the Judiciary of Belize and the Commonwealth Magistrates’ and Judges’ Association, the seminar provided all magistrates in Belize with the opportunity to discuss major issues confronting them in the dispensation of justice.

The Attorney-General of Belize, Bernard Q A Pitts, opened and closed the seminar, and opening remarks were delivered by Belize’s Acting Chief Justice Samuel Awich and Chief Magistrate Margaret Gabb-McKenzie.

The participating magistrates recognised the need for an ongoing examination of criminal laws to ensure they continue to meet the needs of a modern justice system.

Mark Guthrie, Legal Adviser with the Secretariat’s Legal and Constitutional Affairs Division, said: “Countries need to look at criminal procedures and their laws of evidence, and based on their own experience, make sure such laws continue to be relevant to the needs of their criminal justice system.”

Discussions were led by Justice Ingrid Mangatal of Jamaica; Cayman Islands Chief Magistrate Margaret Ramsay-Hale; District Judge Shamim Qureshi of England and Wales; and Paul Norton, Justice of the Peace for England and Wales.

Seminar participants formulated ten recommendations for future practice and reform.

One recommendation concerned the law on criminal evidence, and proposed that there be provisions to allow witness statements to be read in court if they were not disputed and the prosecution and defence to agree facts by way of admission.

Mr Guthrie added that another area of concern discussed was guidance on sentencing: “In the absence of guidance on what constitutes aggravating and mitigating circumstances, there can be a wide variation between sentences given by one magistrate when compared to another.”

The recommendations also sought guidelines for magistrates on how to handle criminal cases involving unrepresented defendants.

Mr Guthrie said: “The question under consideration here is, is the magistrate a neutral umpire or should they take a more active role in ensuring an unrepresented defendant has a proper opportunity to present their case, and be able to cross-examine witnesses?

“The participating magistrates were also concerned about their role in preventing an unrepresented defendant from conducting a defence which may intimidate a witness.”

Seminar participants recommended that juveniles charged with serious criminal offences should be able to access legal aid, and funding was also sought for the appointment of guardians ad litem, who represent the interests of a person during a court case.

The recommendations also sought a comprehensive review of the infrastructure of the court system; appropriate measures to secure the physical safety of magistrates in court; and the establishment of a magistrates’ association.

It was also recommended that a training seminar for judges and magistrates be organised every year, which was accepted by the Acting Chief Justice, who invited the Commonwealth Secretariat to contribute to these seminars.