Page 562 - Magistrates Conference 2019
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any prejudice to the defendant as a result of the delay, the consequences faced in the event of
               an adverse determination in proceedings.


               With regards to the absence of the express clause i.e that the right is not enshrined in the

               Constitution of Trinidad and Tobago, issues arising due to a delay in proceedings not related
               to a death sentence are relegated from a constitutional motion to common law treatment on

               reasonableness: Maraj- Narinesingh v A. G (2010) 77 WIR 470; DPP v Tokai (1996) 48 WIR
               376 (UKPC) [T&T]; Sookermany v DPP (1996) 48 WIR 346 CA- T&T


               For death penalty cases: Boodram v The State (2001) 59 WIR 493 (UKPC) [T&T]

               For Civil cases: Boodhoo v A.G(2004) 64 WIR 370 (UKPC) [T&T]





               Delay

               Delay might be excused in certain circumstances where there are cogent and convincing

               explanations for it. Lovell v The Queen BB 2016 CCJ 6


               Where the defendant alleges delay, he has the burden of proof to show that he has been so
               prejudiced in the presentation of his case. Attorney General’s Reference (No. 1 of 1990 1992)

               95Cr App R 296

               The court also emphasised that where the jurisdiction to stay proceedings is being exercised,

               the court must consider the following:

               The complexity of the case,


               The conduct of the defendant, and


               The manner in which the case has been dealt with by the prosecution and the courts. Tan v
               Cameron (1993) 2 All ER 493.


               The Privy Council in Tan, fully endorsed the judgement given in A-G’s Reference No 1 and
               highlighted that even where it is established that the prosecution is at fault, causing prejudice

               to the defendant, a court is still required to consider whether the situation that was created by

               the delay was such as to make it unfair for the defendant to be held accountable.

               Where there is an unwarranted amount of amendments to be made to an information, a

               complaint or charge, a magistrate must determine whether there would be any abuse to the
               accused if he grants an amendment and proceed with the matter.
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