By Alric Lindsay
As some members of the public may be aware, the Criminal Procedure Code (2021 Revision) of the Cayman Islands sets out rules about how offences shall be inquired into, tried and otherwise dealt with. In the case of persons found not guilty by reason of insanity, a judge may order that the person be conveyed to any hospital or other place for the time being appointed under any law to be a mental hospital or for the reception of criminally insane persons there to be kept until discharged by order of the Governor. If the proposed Criminal Procedure (Amendment) Bill, 2025, published in the Cayman Islands Gazette on January 17, 2025, is passed, the Governor’s powers will be removed, and the Cayman courts will be given more autonomy to deal with persons found not guilty by reason of insanity.
Why the changes are required
To explain why the changes are required, it is best to give an example of an actual court case.
In the case of Akeme Dominick Burke, he faced sentencing before Justice Richards in October 2024.
Burke’s case related to a June 2023 incident when he is said to have entered a woman’s bedroom in George Town “as a trespasser with intent to commit rape, and at the time of doing so, having his possession of an offensive weapon.”
However, information reviewed by the court suggested that Burke experienced hallucinations and delusions and was paranoid. Reportedly, he had a history of these conditions before his move from Jamaica to the Cayman Islands.
After reviewing the medical evidence, Justice Richards found that Burke was having a psychotic episode at the time of the incident.
In the circumstances, Justice Richards made a special verdict that Burke was not guilty by reason of insanity.
Burke was sent to the George Town Hospital as the Poinciana medical facility was unavailable.
The existing Criminal Procedure Code sets out the power to do this.
This states:
159. (1) Where any person is found to be insane before or upon arraignment, in accordance with section 122(2), or a special verdict is found against that person under section 158, the court shall order that person to be conveyed to any hospital or other place for the time being appointed under any law to be a mental hospital or for the reception of criminally insane persons there to be kept until discharged by order of the Governor.
(2) Whenever any such person is sent to any hospital or other place under this section, it shall be lawful for the officers of such hospital or place to exercise the same and powers and authorities for the restraint of such person as can by law be exercised by or are vested in the gaoler or any other officers in respect of persons sentenced to imprisonment.
(3) The Cabinet may, from time to time, issue all necessary orders for the care, control and custody of any such insane person.
As noted above, Burke could only be discharged from a mental hospital by an order of the Governor. In addition, the Cabinet would make any orders for Burke’s care.
The proposed amendment to the Criminal Procedure Code will change the above rules.
Under the proposal:
159. (1) Where an accused person is found to be insane before or upon arraignment, in accordance with section 122(2), or a special verdict is found against that person under section 158, the court shall make in respect of the accused —
(a) a supervision order;
(b) a treatment order;
(c) an order under the Alternative Sentencing Act (2008 Revision);
(d) an order for the conditional discharge of the person; or
(e) an order for the absolute discharge of the person.
(2) The court, before making an order under subsection (1)(a) and (b), must be satisfied on the evidence of one or more mental health professionals, at least one of whom must be a psychiatrist or a psychologist, that the defendant is mentally disordered and requires confinement and treatment or only treatment for such disorder.
This proposal clarifies the court’s power to make various orders.
Additionally, when the court orders that a person be kept at a hospital, prison, place of safety or other place appointed by any law for the reception or custody of insane persons, the court will have the power to discharge the person from the facility rather than the Governor.
Lastly, instead of the Cabinet making orders for the care, control and custody of any person detained, the court will have this power following its consultation with the Chief Medical Officer.
Such changes will make the process more efficient and allow discretion by the court. This seems appropriate because the judges know the specific circumstances of each case and, therefore, are the proper parties to exercise necessary discretions.
Note to readers:
The case of Akeme Dominick Burke is an example of why the court requires more autonomy in certain matters.
Without the proposed amendment to the Criminal Procedure Code, the court’s hands are perceivably “tied.”
Further autonomy of the courts is likely needed, including financial independence from the parliamentary budget approval process
For a summary of the case of Akeme Dominick Burke, please see the below link:
For a copy of the Criminal Procedure (Amendment) Bill, 2025, please see the below link:
https://www.gov.ky/publication-detail/criminal-procedure-(amendment)-bill,-2025,-(lg4,-s2)
