Bills Passed Giving Prosecutors Limited Right to Appeal

A monumental change that will see prosecutors having limited right to appeal. The Upper House on Friday, October 8, debated for hours and passed the amendments to two legislations. The bills are the Judicature Appellate Jurisdiction, Amendment Act, 2021, and the Judicature Parish Courts, Amendment Act, 2021.

Government senators argued that the bills will bring balance to the judiciary process while Opposition Senators are of the view that the legislations will potentially oppress the rights of the accused. The prosecution, under the existing laws, has no right of appeal against a verdict of acquittal in criminal proceedings or against the imposition of a lenient sentence under the applicable laws.

Government Senators assert that the move to grant prosecutors a limited right of appeal will bring Jamaica in line with other CARICOM nations. Minister Kamina Johnson Smith says the amendments legislation will give victims whose only representation in the system is the prosecution, a voice and bring about a balance. But Opposition Senators are of the view that the move will bring the competence of the judiciary into question. They believe this will imply doubt in the judges use of their discretion.

The fact that the bills were not submitted to a joint select committee for further deliberation was highlighted.

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