Belize Aims to Replace Preliminary Inquiries in Criminal Justice System

As part of the efforts to improve efficiency in the criminal justice system, Belize is working towards replacing Preliminary Inquiries (PIs) as part of criminal trials. During a PI, a magistrate determines whether or not a defendant has a case to answer to; however, countries in the region have agreed that the process is too time-consuming. Replacing PIs as part of the trial process is one of the recommendations contained in the Needham’s Point Declaration on Criminal Justice Reform, which countries in the region developed last year. Recommendation 10 of the Declaration calls for PIs to be replaced with a procedure called a sufficiency hearing. Justice Derrick Sylvestre, Chair of Belize’s Judicial Education Institute, says that other jurisdictions have successfully made the switch from PIs and Belize is aiming to do the same.

Justice Derrick Sylvestre, Chair, Judicial Education Institute: “Preliminary Inquiry is where the Magistrate will take all the evidence and determine whether or not there’s a prima facia case to go to High Court. That will be done away with. Normally preliminary inquiry takes years to complete. If that is removed and you have what is called sufficiency hearing wherein a determination is made whether or not there’s sufficient evidence on the statements that would reduce the backlogs as was indicated by the Chief Justice the Honorable Chief Justice. There are countries that have been doing this for over fifteen years so it’s time for us to make that paradigm shift and accept the change and ensure that the backlog is eliminated if not eradicated.”

Reporter: What would it take for us to implement that shift ? 

Justice Derrick Sylvestre, Chair, Judicial Education Institute: “Well we have the Criminal Justice Board and all parties are presently onboard and we’re there already so the shift is being implemented. As you can see the changes that are being made from January to the present day by the reduction of the backlog of cases tells we have adopted the Neidham’s Point Declaration.”

Reporter: So how long does a sufficiency hearing last ? 

Justice Derrick Sylvestre, Chair, Judicial Education Institute: “It varies. A sufficiency hearing lasts the magistrate would have to determine on the paper whether or not there is a sufficient case to the take the matter to the high court so it would take much less than years, it may take a week it may take a couple days. A sufficiency hearing in one particular matter if it’s examined holistically can be completed in day or two.”

Sylvester’s comments were made at the start of the historic senior courts conference held in Belize City this week, which focused on modernizing the criminal justice system in Belize.