Page 36 - Magistrates Conference 2019

information as to the time the prisoner has been on remand for the offence
charged. The judge then becomes handicapped. The Prison Act can provide
some guidance as to how the matter can be resolved.

33. For example, Section 39 of the Prison Act of Dominica Chapter !2:70 provides for
the Superintendent of Prison to deliver or cause to be delivered, to the Registrar,
a calendar of all prisoners in custody for trial at the High Court. ”. Rule 12 of the
Prison Rules provides that before any prisoner is received into the prison, the
usual form of committal, properly filled up in all parts, shall be put into the
hands of the Superintendent or other officer in charge. Section 12 of the Prison
Act of Antigua and Barbuda, CAP. 341 states: “The officer in charge of every
prison in which persons committed for trial at the High Court shall deliver to

that court a calendar of those prisoners.”

34. When prisoners come up for trial, the Registrar should have in her possession a
calendar of all prisoners in custody for trial at the High Court delivered by the
Superintendent of Prison or officer in charge of the prison. The usual form of
committal filled up before the prisoner is received into prison should also be in

the possession of the Registrar. The registrar could easily request these
documents from the prison. The judge therefore would be positioned to make a
determination of the period of time the prisoner has been on remand and thus
make the arithmetical calculation. It’s really a matter of communication between
the Registrar and the prison.