494 / 494
493
9.
REVIEW AND REFORM OF THE CRIMINAL JUSTICE SYSTEM
15.48.
Some memoranda which we received from members of the public
tended to list specific areas of concern with discrete parts of the criminal justice
system. With respect, the criminal justice system encompasses a series of
stages, from investigation of crimes, through various pre-trial processes, trial,
sentencing and even post-sentence decisions. We strongly counsel against a
piecemeal approach to reform of the criminal justice system.
We recommend
that there should be a thorough-going holistic review of the existing criminal
justice system followed thereafter by appropriate administrative and legislative
action.
10. AMENDMENT OF EXTRADITION ACT
15.49.
As the law presently stands, there is no time limit within which the
Minister responsible for extradition requests must issue an authority to proceed.
Extradition proceedings in the Magistrate’s Courts do not involve the
determination of innocence or guilt, and a fugitive is not stopped from invoking
such legal challenges to the request as he/she may be advised.
15.50.
We recommend
that section 8 of the Extradition Act be amended
to make it mandatory that the Minister make a decision on authority to proceed
within a finite time.
15.51.
It is recommended
that where a request for the extradition of a
resident or a fugitive is made and the Attorney General intends to sign the
Authority to Proceed, this should not be publicised.
It is further
recommended
that immediately upon its execution, the Attorney General
should inform the Commissioner of Police.