Page 292 - Magistrates Conference 2019

jurisdiction he may rely upon when framing a charge. He must elect whether he will
found jurisdiction in the place in which the offence was actually committed, or the

place on land where the offender or person is brought. Once having made an election

on the question of jurisdiction the matter must be tried and determined on the basis of
that election. To determine otherwise would open the door for the Comptroller to be

allowed two bites at the cherry.”

Who may prosecute?

Under Customs law throughout the Caribbean region, there is generally provision for a
4
Customs Officer to prosecute customs offences . The existence of such a provision gives the
Customs Officer locus standi in similar respects as his counterpart police prosecutor in certain
Caribbean States.

Limitation Periods

Given that Customs laws relate to revenue collection, it is not unusual for the limitation

period within which to prosecute offences (even summary offences) to be extended for the
purpose of allowing better enforcement. In the region, the table set out below identifies the

limitation period in each jurisdiction:

Country Period to Initiate Prosecution
5
Antigua and Barbuda Seven (7) Years
6
The Bahamas Three (3) Years
7
Barbados Seven (7) Years
8
Belize Three (3) Years
9
Dominica Three (3) Years

4 See Antigua and Barbuda: Section 224 of the Customs (Control and Management) Act, the Bahamas:
Section 313(7) of the Customs Management Act, Barbados: Section 220(1) of the Customs Act,
Dominica: Section 239(1) of the Customs Act, Grenada: Section 230 of the Customs Act, Guyana:
Sections 43, 44 of the Customs Act, Jamaica: Section 246 of the Customs Act, St. Kitts and Nevis:
Section 235 of the Customs Act and Trinidad and Tobago: Section 252 of the Customs Act
5 Section 222 of the Customs (Control and Management) Act
6 Section 314 of the Customs Management Act
7 Section 211(1) of the Customs Act,
8 Section 128 of the Customs Regulation Act

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