Justice Interference Prevention Bill, 2024

No. of 2024. Justice Interference Prevention Bill, 2024 Saint Christopher and Nevis.

SAINT CHRISTOPHER AND NEVIS

No. of 2024

A BILL to deter interference with criminal investigations, criminal prosecutions and other official proceedings; to create specific criminal offences for interference with protected persons involved in the administration of justice; and to provide for incidental or related matters.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis and by the authority of the same as follows—

1. Short title and commencement.

This Act may be cited as Justice Interference Prevention Act, 2024.

2. Interpretation.

In this Act, unless the context otherwise requires—

“high-profile offences” means the following criminal offences —

(a) murder;

(b) attempted murder;

(d) manslaughter;

(e) accessory after the fact to murder;

(f) rape;

(g) any offence with intent to murder under the Offences Against the Person Act, Cap. 4.21; (h) any offence under the Firearms Act, Cap. 19.05; and

(i) any offence under the Gang (Prohibition and Prevention) Act, Cap. 19.25.

“intent to interfere with the course of justice” includes an intent to—

(a) influence, delay, or prevent the testimony of a protected person in an official proceeding; (b) cause a protected person to—

i. withhold his or her testimony, a record, document, or other object, from an official proceeding;

ii. alter, destroy, mutilate, or conceal an object that is to be used in an official proceeding;

No. of 2024. Justice Interference Prevention Bill, 2024 Saint Christopher and Nevis.

iii. evade legal process summoning him or her to appear as a witness;

iv. refuse to produce a record, document, or other object, in an official proceeding; or

v. be deliberately absent from an official proceeding to which he or she has been summoned by legal process; or

(c) hinder, delay, or prevent the communication of information relating to the commission or possible commission of an offence to a police officer, a Magistrate, a Judge, a tribunal or a Commissioner of Inquiry.

“investigation into an offence” means an investigation by the police or other person charged with the duty of investigating offences or charging offenders;

“Minister” means the minister responsible for Justice;

“official proceeding” means a proceeding in—

(a) the Magistrate’s Court;

(b) the High Court of the Eastern Caribbean Supreme Court;

(d) a Commission of Inquiry appointed under the Commissions of Inquiry Act Cap. 3.03; or (e) any other tribunal established by the laws of Saint Christopher and Nevis;

“protected persons” include the following persons and his or her relatives or loved ones—

(a) any person assisting in the investigation into an offence;

(b) any person who is likely to give, or has given, a statement to the police with respect to an investigation into an offence;

(c) any person who is being sought, or has been summoned, to give evidence in official proceedings related to an offence;

(d) any witness, or person who is being sought to give evidence, in official proceedings; (e) any person who has been selected as a juror;

(f) any Magistrate;

(g) any Judge of a court of competent jurisdiction within Saint Christopher and Nevis; (h) a Commissioner of Inquiry appointed under the Commissions of Inquiry Act Cap. 3.03; (i) judicial or other officers involved in official proceedings;

(j) attorneys-at-law involved in official proceedings related to an offence; and

(k) any other person involved in the administration of justice in Saint Christopher and Nevis. “relevant period” in relation to —

(a) a witness;

(b) a juror; or

No. of 2024. Justice Interference Prevention Bill, 2024 Saint Christopher and Nevis.

in any proceedings related to an offence, means the period beginning with an investigation or the institution of the proceedings and ending with the first anniversary of the conclusion of the trial or, if there is an appeal, of the conclusion of the appeal;

3. Intimidation, etc, of protected persons.

(1) A person commits an offence if that person, with intent to interfere with the course of justice or otherwise cause an investigation or the course of justice to be obstructed, perverted or interfered with, does any of the following acts or engages in any of the following conduct knowing or believing that the person is a protected person—

(a) intimidates a protected person;

(b) harasses a protected person; or

(2) For the purposes of subsection (1)—

(a) it is immaterial that the act is done, or that the threat is made—

i. otherwise than in the presence of the protected person; or

ii. to a person other than the protected person.

(b) the intention required need not be the only or the predominating intention or motive with which the act is done; and

(c) the intimidation may be financial, emotional or physical whether to the protected person, his or her relative or loved one, or to his or her property;

(3) A person who commits an offence under subsection (1)—

(a) involving a high-profile offence, shall be liable on conviction on indictment, to imprisonment for a term not exceeding twenty years or a fine not exceeding $250,000 or both.

(b) involving any other offence or in the context of an official proceeding, shall be liable—

i. on summary conviction, to imprisonment for a term not exceeding ten years or a fine not exceeding $50,000 or both; or

ii. on conviction on indictment, to imprisonment for a term not exceeding fifteen years or a fine not exceeding $150,000 or both.

(4) If, in proceedings against a person for an offence under subsection (1), it is proved that he or she did an act or engages in conduct with the knowledge or belief that the person is a protected person, he or she shall be presumed, unless the contrary is proved, to have done the act with the intention to interfere with the course of justice or otherwise cause an investigation or the course of justice

to be obstructed, perverted or interfered with.

No. of 2024. Justice Interference Prevention Bill, 2024 Saint Christopher and Nevis.

4. Harm, or threats of harm, to protected persons.

(1) A person commits an offence if that person intentionally does any of the following acts or engages in the following conduct, towards a protected person, knowing or believing that the person is a protected person and intending to cause that protected person harm or to fear harm—

i. uses physical force;

ii. threatens to use physical force;

iii. otherwise harms a protected person;

iv. threatens to otherwise harm a protected person; or

v. uses hand gestures to threaten harm to a protected person.

(2) For the purposes of subsection (1)—

(a) it is immaterial that the threat is made—

i. otherwise than in the presence of the protected person; or

ii. to a person other than the protected person;

(b) the harm that may be done or threatened to be done may be financial, emotional or physical whether to the protected person or to his or her property; and

(c) the intention required by subsection (1) need not be the only or the predominating intention or motive with which the act is done or threatened to be done.

(3) A person who commits an offence—

(a) under subsection (1) involving a high-profile offence, shall be liable on conviction on indictment, to imprisonment for a term not exceeding twenty-five years or to a fine not exceeding five hundred thousand dollars or to both.

(b) under subsection (1) involving any other offence or in the context of an official proceeding, shall be liable—

i. on summary conviction, to imprisonment for a term not exceeding fifteen years or a fine not exceeding one hundred and fifty thousand dollars or both;

ii. on conviction on indictment, to imprisonment for a term not exceeding twenty years or a fine not exceeding two hundred and fifty or both.

(a) to cause that protected person harm or to fear harm; and

No. of 2024. Justice Interference Prevention Bill, 2024 Saint Christopher and Nevis.

(b) to interfere with the course of justice or otherwise cause an investigation or the course of justice to be obstructed, perverted or interfered with

5. Giving or offering bribes to protected persons.

(1) A person commits an offence if that person gives or offers any money, gift, loan, reward, advantage or other benefit to a protected person with intent to interfere with the course of justice or otherwise cause an investigation or the course of justice to be obstructed, perverted or interfered with.

(2) For the purposes of subsection (1)—

(a) it is immaterial that the benefit is given or offered—

i. otherwise than in the presence of the protected person; or

ii. to a person other than the protected person; and

(b) the intention required by subsection (1) needs not be the only or the predominating intention or motive with which the act is done.

(3) A person who commits an offence under subsection (1)—

(a) involving a high-profile offence, shall be liable on conviction on indictment, to imprisonment for a term not exceeding twenty years or a fine not exceeding $250,000 or both.

(b) involving any other offence or in the context of an official proceeding, shall be liable—

i. on summary conviction, to imprisonment for a term not exceeding ten years or a fine not exceeding $50,000 or both; or

ii. on conviction on indictment, to imprisonment for a term not exceeding fifteen years or a fine not exceeding $150,000 or both.

(5) If, in proceedings against a person for an offence under subsection (1), it is proved that he or she did an act or engages in conduct with the knowledge or belief that the person is a protected person, he or she shall be presumed, unless the contrary is proved, to have done the act with the intention to interfere with the course of justice or otherwise cause an investigation or the course of justice

to be obstructed, perverted or interfered with.

6. Miscellaneous provisions.

(1) For the purposes of the offences under this Act, an official proceeding need not be pending or about to be instituted at the time of the offence.

No. of 2024. Justice Interference Prevention Bill, 2024 Saint Christopher and Nevis.

(2) With respect to the withholding of testimony, or withholding a record, document, or other object, from an official proceeding, the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(3) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

7. Non-derogation of related common law offences.

The offences created by this Act are in addition to, and not in derogation from, any offence subsisting at common law.

……………………………….

Lanein Blanchette

Speaker

Passed by the National Assembly this day of , 2024.

…………………………………..

Trevlyn Stapleton

Clerk of the National Assembly

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