No more ‘judge alone’ choices out of time

Defendants who choose to be tried by judge alone will no longer be allowed to make that decision on the day of their trial or shortly before, Justice Alexander Henderson announced in Grand Court on Friday. 

The Criminal Procedure Code requires 21 days notice and that will be adhered to, he said. 

The matter arose when attorney Ben Tonner advised his client’s trial was scheduled to start on Monday.  

His name had been added to the list of mentions because the defendant wished to elect trial by judge alone. 

“I have discussed this with the Chief Justice,” Justice Henderson said. “There are too many last-minute changes. I am not prepared to bring 120 people [as a jury pool] only to be told they are not needed.” 

In this case he allowed the re-election because a notice had been sent out to jurors administratively. 

Henceforth, the judge said, he would not permit re-election to judge alone unless the 21-day provision is complied with or unless the jury panel can be de-notified conveniently after such a ruling is made in court. 

The Criminal Procedure Code states every person committed to trial before the Grand Court shall be tried before a judge and jury.  

However, in 1986, the law was amended to say: “If an accused person is of the opinion that, due to the nature of the case or of the surrounding circumstances, a fair trial with a jury may not be possible, he may, at least 21 days before the date of the trial or the date of arraignment, whichever is earlier, elect to be tried by judge alone, and such reelection shall be made by notice in writing addressed to the Clerk.” 

A second section adds: “Notwithstanding subsection 1, a judge may permit an accused person to make an oral or written election at any time before a jury is empanelled where such accused person has proven that, because of exigent circumstances, it was not possible for him to make an election within the time limit specified in sub-section 1.