The effect of the Administrative of Justice (Indictable Proceedings) Amendment Act in Trinidad and Tobago

The recent proclamation of the AJIPAA in Trinidad and Tobago is meant to improve the dispensation of justice of the country’s criminal justice system.

One of the most significant changes introduced by the AJIPPA is the elimination of preliminary enquiries in indictable matters.

Prior to the implementation of the Act, the magistrate’s court was responsible for conducting preliminary enquiries into indictable offences to assess the sufficiency of evidence for a case to proceed to trial in the High Court. However, preliminary enquiries required witnesses to provide evidence and to undergo cross-examination. As a result, the process produced a significant backlog in cases.

Under the AJIPAA, the preliminary enquiry process is supplanted with initial and sufficiency hearings. Initial hearings are conducted by a Master of the High Court, who addresses issues relative to the accused’s identification, place of residence, bail and legal representation. The Sufficiency hearing permits a Master of the High Court in Trinidad and Tobago to assess whether a prima facie case has been established against an accused.

Once a prima facie case is established, the Master directs the accused to stand trial before a judge and jury. AJIPAA eliminates the possibility of cross-examinations during the sufficiency hearing unless otherwise directed by the Court in accordance with rule 5.10(3) of the Criminal Procedure Rules.