Law Amended To Facilitate Membership of DPP on Rules Committee of Supreme Court

The House of Representatives on Tuesday (October 1) passed the Judicature (Rules of Court) (Amendment) Act, 2024, which will facilitate membership of the Director of Public Prosecutions (DPP) on the Rules Committee of the Supreme Court.

The legislation was piloted by Minister of Justice, Hon. Delroy Chuck.

In his remarks, Mr. Chuck said the promulgation of the Judicature (Rules of Court) Act, 1961, resulted in the establishment of the Rules Committee of the Supreme Court, which has the function of making rules of court that regulate and prescribe the procedure and the practice that is to be followed in the Supreme Court and the Court of Appeal.

He stated that the Rules Committee currently consists of the Chief Justice, the President of the Court of Appeal, a Judge of the Supreme Court designated by the Chief Justice, the Attorney General, the Director of State Proceedings, and five attorneys-at-law in private practice that are appointed by the Minister of Justice on nomination by the Bar Council.

“Based on this legislative prescription, it is important to note that the holder of the office of the Director of Public Prosecutions has been excluded from the membership of the Committee,” Mr. Chuck said.

“However, the Chairman of the Committee has indicated a desire to include the DPP as a member of the Committee in light of the passing of the Judicature (Appellate Jurisdiction) (Amendment) Act, 2021,” he added.

The Minister informed that this amendment grants the DPP the right of appeal, and as a result, rules of court are currently being drafted to regulate the procedure necessary for the DPP to exercise the right to appeal.

“As the DPP is not a member of the Committee, the DPP is not empowered to make any contribution towards the preparation of these rules of court. In addition to the rules of court that are being prepared in respect of the DPP’s right to appeal, there are other rules of court that are being contemplated that may have an impact on the office of the DPP,” the Minister said.

“For instance, rules relating to criminal case management and digital audio recording in criminal matters. Similarly, the DPP has no opportunity to offer contribution towards the preparation of these rules of court, as a result of the exclusion from the Committee,” he added.

Mr. Chuck further noted that the current formulation of the Judicature (Rules of Court) Act does not grant the Minister the power to amend the Schedule by order, subject to affirmative resolution.

As it relates to newer and updated pieces of legislation, the inclusion of such a provision facilitates the timely amendment of Schedules, especially in matters of urgency.

“The absence of such a provision results in a more time-consuming process for the resolution of urgent matters,” the Minister said.

The legislation was passed with one amendment.