Montserrat’s Jury Act has been amended following a ruling in the High Court that parts of the law were unconstitutional.
The Jury (Amendment) Bill 2024 went through the second reading, committee stage with no amendments and third reading during a meeting of the Montserrat Legislative Assembly.
It was then passed into law, with all members voting unanimously in favour of it.
Attorney General Sheree Jemmotte-Rodney on presenting the bill on 30 April said the amendments came following a 2017 ruling made in the Eastern Caribbean Supreme Court.
The Court of Appeal found that, in the case of Alcedo Tyson vs The Queen, the British Virgin Islands’ Jury Act was unconstitutional due to the extreme disparity it created in the jury selection process.
As a result, the High Court of Monsterrat ruled in February 2024 that a section of Montserrat’s Jury Act must also be struck down as unconstitutional.
The section of the law permitted the Crown to keep jurors on stand by without limit during the selection process, the attorney general told members of the assembly.
Another section, which allowed people charged to peremptorily challenge three jurors without cause, could not stand on its own and was also struck down, she said.
Jemmotte-Rodney explained that the purpose of the bill is to amend any parts of the act affected by these changes.
The bill also adds a new section which provides for alternative jurors if a regular juror is found to be not qualified, if they fall ill or for another reason they cannot serve.
This would reduce the need to discharge an entire jury, the attorney general said.
“This is seen as a benefit to not only the accused but also to the persons who have to serve to the court and also to the general administration of justice,” she added.
In addition, the bill clarifies that the number of people that constitutes a jury is nine, that each party can have two peremptorily challenges, and details the process for empanelling a jury.
The new Jury (Amendment) Act 2024 is available in full online here.
