Criminal Law and Procedure Act

The Criminal Law and Procedure Act, Chapter 12:01, is a foundational statute in the Commonwealth of Dominica that outlines the legal framework for criminal offenses and their corresponding procedures. Originally enacted as Act No. 3 of 1873, this Act has undergone several amendments to address evolving legal needs and societal changes.

Structure and Content of the Criminal Law and Procedure Act

The Act is divided into multiple parts, each focusing on distinct aspects of criminal law and procedure:

1. General Provisions: Defines fundamental principles and interpretations applicable throughout the Act.
2. Offenses and Penalties: Categorizes various criminal offenses and stipulates the penalties associated with each.
3. Procedure After Preliminary Inquiry and Before Indictment: Outlines the steps to be taken following a preliminary inquiry, including decisions on whether to present an indictment.
4. Trial Procedures: Details the conduct of trials, including the roles of the prosecution and defense, evidentiary requirements, and courtroom protocols.
5. Sentencing and Punishments: Specifies the range of sentences that may be imposed upon conviction, including provisions related to the death penalty.
6. Appeals and Reviews: Provides mechanisms for appealing convictions or sentences and outlines the procedures for such appeals.

Key Amendments

Over the years, the Act has been amended to address specific legal issues and modernize the criminal justice system:

• 1992 Amendment (Act No. 10 of 1992): Introduced changes to certain procedural aspects, although specific details are not readily available.
• 1993 Amendment (Act No. 13 of 1993): Further modifications were made, but detailed information is limited.
• 2013 Amendment (Act No. 2 of 2013): Significantly updated procedures related to electronic recording of custodial interviews and the admissibility of such recordings in court. This amendment aimed to enhance transparency and reliability in the collection of evidence.
• 2014 Amendment (Act No. 3 of 2014): Implemented additional changes to the Act, though specific details are not provided in the available sources.

Notable Provisions

• Use of Force in Arrests: The Act delineates the circumstances under which force may be used during the arrest of individuals, ensuring that such force is proportionate and legally justified.
• Electronic Recording of Interviews: The 2013 amendment introduced provisions for the electronic recording of custodial interviews, establishing criteria for admissibility and ensuring that defendants have access to these recordings.
• Death Penalty: Part X of the Act addresses the application of the death penalty, outlining the offenses for which it may be imposed and the procedures to be followed.

Access to the Act

The full text of the Criminal Law and Procedure Act, along with its amendments, is available through the Government of Dominica’s official website.

Understanding the provisions of the Criminal Law and Procedure Act is crucial for legal practitioners, law enforcement officials, and individuals seeking to comprehend the criminal justice system in Dominica. The Act serves as a cornerstone for maintaining law and order, ensuring justice, and protecting the rights of individuals within the jurisdiction.