Barbados Considers Judge-Alone Trials in Criminal Cases, Legal Experts Note Potential Benefits

Barbados is poised to join several Commonwealth Caribbean nations in allowing individuals accused of crimes to opt for trial by a single judge rather than before a jury, a move legal experts believe could help reduce court backlogs.

The Criminal Procedure (Amendment) Bill, tabled in Parliament, outlines provisions enabling those charged to choose between judge-alone trials or proceedings with a jury. Crucially, the accused can change their mind before the trial begins.

“Judge-alone trials was an outcome from our Criminal Justice Symposium held last year,” Attorney General Dale Marshall explained. If adopted, Barbados will follow Antigua and Barbuda, Jamaica, Trinidad and Tobago and Belize in conducting the judge-only hearings, along with two British overseas territories, Turks and Caicos and the Cayman Islands.

Three top criminal defence lawyers interviewed by Barbados TODAY said such reform would potentially expedite cases with complex legal matters best determined by a judge. But they stressed the accused must retain the right to opt for a jury trial.

“The jury system has served us well over the years and I see it as an important component of the criminal justice system,” said King’s Counsel Michael Lashley. “It represents the average citizen being involved in a decision-making process that impacts on the lives of a fellow citizen.”

Angella Mitchell-Gittens SC urged Barbados to adopt Trinidad’s model where defendants can select between judge-alone or jury trials.

“Certainly in matters where there are complex legal issues then those would be for judge-alone because those are strictly issues for a judge to make a determination on. Cases that you would feel you would make a no-case submission in, those are suited for judge-alone,” she said.

The Criminal Procedure (Amendment) Bill appears to offer the accused considerable leeway. Judges must inform unrepresented defendants of their right to legal advice regarding judge-alone trials. Where co-defendants are charged, all must elect the same mode of trial.

Commenting on the successes other jurisdictions have had with judge-alone trials in the criminal courts, particularly regarding less serious offences, Senior Counsel Stephen Lashley added that these would prove beneficial to this island’s courts.

“We do have a huge backlog in the criminal court in particular and I think that these innovations can be tried,” he said.