The Administration of Justice (Indictable Proceedings) Bill, 2011, which is currently being debated in the House of Representatives, would repeal and replace the Indictable Offences (Preliminary Enquiry) Act, Chap. 12:01. It provides for a system of pre-trial proceedings where witness statements would be admitted and considered by a Master of the High Court. The Master would conduct an initial hearing to address preliminary issues relating to the identification of the accused, bail and legal representation for the accused. The Master would then conduct a sufficiency hearing to determine whether a prima facie case has been made out against an accused.
If a prima facie case is made out, the Master would order that the accused be put on trial before a Judge and jury. The Bill does not provide for cross examination at the sufficiency hearing, but allows no case submissions to be made, following which the Master would review the witness statements, documentary evidence and no case submissions and determine whether an accused should be put on trial. The Bill contains provisions, which is being piloted through Parliament by Justice Minister Herbert Volney, needs to be passed by a special three-fifths majority. Among other things, it provides for an initial hearing whereby preliminary issues relating to the identification of an accused, bail and legal representation for the accused, would be addressed. The Bill also gives the Director of Public Prosecutions the discretion to require that certain indictable offences be dealt with summarily.
