The National Assembly of Guyana recently passed a few new pieces of new legislation. These new laws have been covered by the media. Mostly in individual articles. Given, however, that this column aims to break down important laws, and serve as a record of legislation and their explanations, this week’s article takes a break from explaining the Sexual Offences Act, Cap 8:03 Laws of Guyana to list, and briefly explain the purpose of these new laws.
As a preliminary point, this article only covers legislation I think are crucial for Guyanese to know as they go about their lives. As such, some laws recently passed, including the Supplementary Appropriation Acts, will not be featured.
The new laws passed include:
1. The Excise Tax (Amendment) Regulations 2024;
2. The Motor Vehicles and Road Traffic
(Amendment) Act 2024,
3. The Criminal Law Procedure (Paper
Committals) Act 2024;
4. The Fugitive Offenders (Amendment) Act;
5. The Arbitration Act 2024
6. The Family Violence Act 2024,
7. The Matrimonial Causes (Amendment) Act 2024;
and
8. The Criminal Procedure (Plea Discussion,
Plea Agreement and Assistance Agreement) Act 2024.
The Excise Tax (Amendment) Regulations
The Excise Tax (Amendment) Regulations are made under the Excise Tax Act, Cap 82:03. The regulations change the excise tax rates on vehicles imported by re-migrants, settlers, and returning students. The recent publication of this regulation stems from a recent court case.
The Motor Vehicles and Road Traffic (Amendment) Act
The Motor Vehicles and Road Traffic (Amendment) Act 2024 is intended to be a key tool in the state’s campaign against traffic offences. The amendment permits the Minister of Home Affairs to authorise the installation, at different parts of Guyana, of cameras and radar capable of detecting the speed of vehicles. The data captured by these systems will be stored and managed by the National Data Management Authority (NDMA), and it is also intended that the database be accessible to magistrates’ courts which will try cases founded on evidence collected with these new technologies.
The Guyana Police Force (GPF) will use the licence plates of vehicles to track offenders. As such, under the amendment, the owner of a vehicle will be treated as the offender, but will be given an opportunity to represent otherwise. The GPF will inform the owners of the vehicles of the offence by SMS, and send them a notice by email that they are to appear at a specific magistrate’s court. This amendment is expected to improve the regulation of traffic in Guyana.
The Criminal Law Procedure
(Paper Committals) Act
The Criminal Law Procedure (Paper Committals) Act 2024 abolishes oral preliminary inquiries (PI) in Guyana’s magistrates’ courts, something which was already done for indictable sexual offences matters under the Sexual Offences Act, Cap 8:02. A PI is a procedure conducted in the magistrate’s court when a person is charged with an indictable (serious) offence. During a PI, a magistrate will look at the evidence the prosecution has against an accused, and decide whether it is strong enough to send the person to be tried in the High Court. If the magistrate thinks that the evidence is strong enough, the accused will be sent to be tried in the High Court. If not, the accused will be set free. This process is not a trial of the accused (that happens in the High Court), it is more of a trial of the evidence, and is usually conducted orally, with witnesses giving evidence, and then being cross-examined and re-examined. Legal arguments are also advanced.
This Act now requires all PIs to be done based on the statements of witnesses. Generally, the magistrates can now just read all of the evidence and make a decision. This amendment is expected to streamline management of cases in the criminal justice system since oral PIs can be lengthy, costly, and subject to adjournments. Undoubtedly, this measure is intended to address the backlog, among other things.
The Fugitive Offenders (Amendment) Act
The Fugitive Offenders (Amendment) Act was passed to amend (add) rules of evidence regarding extradition proceedings. These added provisions are expected to make the rules of evidence in extradition proceedings more effective.
The Arbitration Act
The Arbitration Act 2024 was passed to repeal the previous arbitration legislation, and to overhaul Guyana’s arbitration legal framework. This is just one of the actions the Government of Guyana (GoG) has promised as it tries to make Guyana an arbitration hub.
The Family Violence Act
The Family Violence Act 2024 is one of the more important pieces of legislation on this list. First, it replaces the Domestic Violence Act, Cap 11:09. It clearly defines circumstances which constitute family violence, and contains stronger and more effective remedies for the victims of this form of violence. Though the old legislation has been repealed, the protection orders granted under that legislation remain effective.
The Matrimonial Causes (Amendment) Act
The Matrimonial Causes (Amendment) Act 2024 is another important piece of new legislation. A significant feature of this amendment is the introduction of ‘irreconcilable differences causing the irremediable breakdown of the marriage’ as a ground for divorce. This is widely also referred to as “no-fault divorce”, but a careful reading of the term makes it clear that it is anything but “no fault”. Parties will still have to show evidence of an irremediable breakdown. The act also formally permits either a man or woman to apply to a court for maintenance and alimony, and it describes the circumstances which must exist for either spouse to successfully apply for maintenance or alimony. These amendments were also prompted by a recent court decision.
Criminal Procedure (Plea Discussion, Plea Agreement and Assistance Agreement) Act
Finally, the Criminal Procedure (Plea Discussion, Plea Agreement and Assistance Agreement) Act 2024 repeals the Criminal Procedure (Plea Bargaining and Plea Agreement) Act, Cap 10:09. This law allows prosecutors to enter into plea agreements with persons accused of summary or indictable offences. To make such an agreement, a prosecutor first needs the written permission of the Director of Public Prosecutions (DPP), and prosecutors are prohibited from inducing, encouraging, or forcing an accused person to make such an agreement.
Additionally, before a plea agreement is concluded, the prosecutor must inform any victim of the accused, and invite him or her to provide a victim impact statement. Importantly, a court can reject any plea agreement. As promised, this is but a brief explanation of the content of these pieces of legislation. I will provide deeper explanations in later articles. Until, and beyond then, I encourage every Guyanese to source, read, and become familiar with these laws. You will never know if or when you, or someone close to you will require this information.
