Juryless trials not being instituted in new legislation, public assured
While elected leaders are debating the Jury Act (2022) which is expected to improve the justice system, Premier Dr Natalio Wheatley said he wants to assure residents that the bill will not make juryless trials legal in the territory.
The recent Commission of Inquiry (COI) recommended juryless trials for the BVI as a way to address the issues the territory has with sourcing jurors. But some sections of the public as well as elected leaders were hesitant to accept the recommendation as they believe leaving decisions solely to judges could negatively impact persons who find themselves before the courts.
While debating the bill in the House of Assembly (HOA) on October 18, Premier Wheatley said he wanted to make it clear to residents that having juryless trials was a recommendation and not an order given by the COI.
He said the COI also recommended the expansion of the pool from which jurors are drawn and this was the recommendation that elected leaders opted to take.
“I just want to make sure the public understands that this bill does not deal with juryless trials. I’m just seeking to provide some clarity mainly for the public. The subject of juryless trials came up in the COI. There were two recommendations: that consideration be given to expanding the jury pool and consideration be given to juryless trials. But that (juryless trials) is not being considered for this bill,” Premier Wheatley clarified.
There are several factors which make it difficult for the courts to secure jurors in the BVI. One of the main factors is that the existing Jury Act restricts duty to persons who are Belongers.
Those who have lived in the territory for at least 10 years, persons between the ages of 21 and 60, as well as those who have no previous convictions and are not sitting members of the HOA, are eligible to be jurors.
This makes juryless trials an attractive option for the BVI but elected leaders say they are not considering that option right now.
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We need the option of jury less trials for public corruption and serious organized crime. If we don’t have that option the most serious offenses will go unpunished because of jury nibbling, and we will go from bad to worse.
The UK needs to make judge alone trials happen. It’s fundamental to accountability in a small place like the BVI with a tiny jury pool. That jury pool will still be tiny even when the legislation is applied properly.
The legislation that has been but forward came as a result of the COI Recommendations on the subject. Included in those recommendations is the consideration for Jury-less trials and have raised grave concern amongst most. You have stated that it will NOT be considered in this bill.
Why is it not considered? Since it was in fact a recommendation to be considered, why wasn’t it included? Why wasn’t a section of the bill dedicated to govern jury-less trials? The jury act should outline all of this, should it not?! Would a separate bill now be brought to the house to address this recommendation?
If the powers granted to you as The Premier of the Virgin Islands allows you not to consider any of the said recommendations at your discretion, then why are you not abiding by the people’s request in regards to not considering recommendations made in regards to our constitutional review and it’s committee? KEEP THE SAME ENERGY MANN!!
As someone else commented, we already have juryless decisions given by a single judge in the magistrates courts.
Juryless trials save the day, just ensure that should bribe be a factor in deciding any matter, that the person accepting the bride gets a minimum of 7yrs imprisonment for corrupting the process.