Ahead of the Government's plan to get rid of the burdensome preliminary enquiry system, the Criminal Bar Association (CBA) has decided to express its view on the abolition.But first, the association has issued a questionnaire to criminal practitioners seeking feedback before commenting on the intended legislation.It is the first attempt by president Pamela Elder, SC, to make strides in uplifting the criminal law practice, since her election as CBA head at the end of last year.
"It is a total overhaul of the criminal justice system. That is why we need their input," Elder said during an interview yesterday.She said the preliminary enquiry system had been existence since the start of T&T jurisprudence.To abolish the procedure has to be carefully thought out, she said."There has been no attorney in T&T who has practised without using the 'PI' system," she said, adding, "We would greatly appreciate the input from all practicing lawyers."The bill before Parliament, titled the Indictable Offences Bill (2011)," seeks to abolish the preliminary enquiry and replace it with the "sufficiency hearing" system.Among the eight questions listed in the questionnaire is the likely working of the Criminal Justice System with inefficient key stakeholders.
The CBA had remained inactive for several months after the death of former president, Desmond Allum, SC, in mid-2010.Allum, fondly called "Desi," held the office of president for eight consecutive years since being first elected and up to his death in June.The CBA, which seeks to ensure the smooth transformation and modernisation of the criminal justice system, had remained inactive since Allum's death. Elder was appointed to the post of president on December 10, 2010.Attorneys wishing to fill out the questionnaire could drop them off by hand at the CBA's office at Level 1, Uptown Mall, 44-58 Edward Street, Port-of-Spain.Copies may be obtained from CBA secretary Michelle Solomon-Baksh (michsolos@hotmail.com).