Senate Passes Judicature (Rules Of Court) (Amendment) Act, 2024

The Senate, on Friday (October 18), passed the Judicature (Rules of Court) (Amendment) Act, 2024, which will facilitate Director of Public Prosecutions (DPP) membership on the Rules Committee of the Supreme Court.

The legislation, which was piloted by Minister of Foreign Affairs and Foreign Trade and Leader of Government Business in the Upper House, Senator the Hon. Kamina Johnson Smith, was passed without amendment.

Senator Johnson Smith explained that the legislation is intended to enable the holder of the Office of the DPP to participate in the preparation of the rules of court, applicable to both the Supreme Court and the Court of Appeal.

“The Supreme Court and the Court of Appeal are established by the Constitution, and their jurisdiction is outlined in the Judicature Supreme Court Act and the Judicature Appellate Jurisdiction Act, respectively. But to guide the procedure by which the courts operate, having been created under those Acts, the Judicature Rules of Court Act was also passed, and Section Three of that Act establishes the Rules Committee of the Supreme Court.

“Among others, Section Four of that Act allows for the creation of Rules of the Court that make provision for (a) regulating and prescribing the procedures and practices to be followed in the Court of Appeal and the Supreme Court in all cases and matters, and (b) the manner in which and the time within which any applications, appeals or references which, under any law or enactment, may or are to be made,” she outlined.

Senator Johnson Smith pointed out that the passage of the Judicature (Appellate Jurisdiction) (Amendment) Act, 2021, granted the DPP the right to appeal.

“The DPP has the right to appeal (a) a verdict of acquittal in criminal proceedings where there has been an administration of justice… or where a decision by the trial judge is erroneous on a point of law or on a point of mixed law and fact; and also, they have the right to appeal a sentence imposed in criminal proceedings where the sentence is materially less than the generally expected and accepted level of sentence for the offence concerned,” she stated.

Minister Johnson Smith indicated that, as required under the Judicature Rules of Court Act, rules are being drafted that will, among other things, regulate the procedures necessary for the DPP to exercise the right of appeal.

She noted, however, that the Rules Committee’s composition, as detailed in the Act’s schedule, does not include the DPP as a member of that body.

The Rules Committee comprises a number of ex-officio members, namely, the Chief Justice, President of the Court of Appeal, a Judge of the Supreme Court appointed by the Chief Justice, the Attorney General, the Director of State Proceedings, and five Attorneys-at-Law in private practice appointed by the Minister of Justice on nomination by the Council.

“Notably missing is the DPP. So it has been recognised as clearly sub-optimal that while rules in respect of appeals, in particular by the DPP, are being drafted, the DPP is not empowered to make contributions towards the preparation of these rules; and the Chairman of the Rules Committee has, therefore, expressed the desire to include the DPP as a member of the Committee,” Senator Johnson Smith stated.

She further noted that in addition to the rules regarding the right to appeal, there are others being contemplated that may have an impact on the Office of the DPP.

“For example, the rules related to criminal case management, which are to be updated, as well as digital audio- and audio-visual evidence recording in criminal matters. The DPP is currently not afforded the opportunity to offer contributions towards the preparation of these rules of court either. This Bill, therefore, seeks to ensure that the DPP may participate in the work of the Committee as a Member,” Senator Johnson Smith stated.

She further disclosed that the legislation also seeks to give the Minister the power to amend by Order, subject to affirmative resolution.

Government Senator, Abka Fitz Henley, and Opposition Senator, Lambert Brown, also contributed to the debate.