Judge Alone Trials (Amendment) Bill Passed to Strengthen Fairness and Efficiency in SKN Justice System

The National Assembly of St. Christopher and Nevis on 24th July, 2025, passed the Judge Alone Trials (Amendment) Bill, 2025, marking a significant advance in the Federation’s ongoing efforts to modernise its criminal justice system. The move not only addresses prior criticisms about fairness but aligns the country with regional norms in ensuring equal access to judge-only trials for both the prosecution and defence.

Leading the debate, Attorney General and Minister of Justice and Legal Affairs, Garth Wilkin, emphasised that the amendment reflects practical refinements to the original Judge Alone Trials Act, which was enacted in 2024. “This amendment,” he said, “is a carefully calibrated response to real-world challenges, informed by legal realities, operational lessons, and principled concerns about fairness, discretion, and transparency.”

A key change now allows both the prosecution and defence to request a judge alone trial in non-scheduled cases, a major improvement from the previous legislation which limited such requests solely to the Crown. This provision had attracted sharp criticism from legal practitioners and civil society groups, who questioned the imbalance it created in trial rights.

The government, in passing this amendment, acknowledged those concerns. Attorney General Wilkin affirmed that the changes reflect “regional best practice and international benchmarks” where, in jurisdictions such as Jamaica, Trinidad and Tobago, and Antigua and Barbuda, access to judge-only trials is extended to both sides.

Since the 2024 legislation came into force, 33 criminal matters have concluded in the High Court – 17 by guilty plea and only three by judge alone trials. Wilkin revealed that one high-profile murder trial was saved from collapse after juror interference was discovered and the matter was switched to judge-only format. That incident is under active investigation under the Justice Interference Prevention Act, 2024.

In addition to broadening access, the amendment also introduces procedural safeguards to ensure judge-only trials are applied fairly. Judges must now consider specific criteria—such as the risk of jury tampering, excessive delays, or legal complexity—before approving such a trial. Crucially, they are also empowered to deny judge-only trials where public interest or fairness could be compromised, and are required to recuse themselves in the event of bias or perceived conflict.

The revised schedule of offences subject to mandatory judge-only trials was also narrowed to focus on serious crimes such as attempted murder and shooting with intent—offences commonly linked to intimidation or public prejudice.

Wilkin dismissed criticisms that judge-only trials undermine justice, highlighting that most criminal cases in St. Kitts and Nevis are already handled without a jury in the Magistrate’s Court. “Hundreds of serious firearm and drug matters have been tried by judge alone,” he said, adding that the Magistrate’s Court operates daily under that very model. “So, we were already well accustomed to judge alone trials in the most active court.”

To reassure the public, Wilkin noted that jury trials will still dominate—about 70 percent of High Court matters are expected to proceed before juries. “This is not an innovation for innovation’s sake,” he said. “It is a deliberate reform, balancing operational reality with the need for justice that is accessible, swift, and secure.”


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