Page 528 - Magistrates Conference 2019

CONSTITUTIONAL RIGHT

• The right to a fair trial within a reasonable time is Constitutionally

enshrined in many Caribbean jurisdictions:

Anguilla – Section 9(1)

Antigua – Section 15(1)

Dominica – Section 8(1)

Grenada – Section 8(1)

Montserrat – Section 6(6)

St Lucia – Section 8(1)

St Vincent – Section 8(1)

St Kitts - Section 5 (5)

• Therefore, the failure of the prosecution to bring a case to trial within a

reasonable time becomes a matter of breach of the fundamental rights of the

accused.