By Alric Lindsay
Matthew Patrick Forbes attended the Summary Court on January 14, 2025, to face several traffic allegations, only to learn that almost all of them were laid out too late by the Office Of The Director Of Public Prosecutions. As indicated in the Summary Court, they were “out of time” because of the operation of section 78 of the Criminal Procedure Code.
The Criminal Procedure Code
Regarding the Criminal Procedure Code, this states:
Except where a longer time is specially allowed by law, no offence which is triable summarily shall be triable by a Summary Court unless the charge or complaint relating to it is laid within six months from the date on which evidence sufficient to justify proceedings came to the actual or constructive knowledge of a competent complainant.
In the Forbes case, he faced allegations of failing to provide a specimen of urine, possession of a controlled drug, damage to property, assaulting police and careless driving.
DPP senior crown counsel Petit admitted that at least four of these charges were not laid within six months from the date evidence sufficient to justify proceedings was known.
Not wishing to accept total defeat, DPP senior crown counsel Petit attempted to rationalise why one of the charges was not out of time.
Responding to this, the Chief Magistrate said:
Miss Petit, I must say that the reasoning coming the crown is coming with right now is baffling me.
If the date is 31st May of 2024, it has always been the case that we use that date.
It is not conditional on this and on that.
So, unless there is something that I have completely missed in law then please point it out to me.
The Chief Magistrate stressed:
Are we really going to have a legal argument on a basic fact and a basic interpretation of the law?
Since DPP senior crown counsel Petit did not concede on the highlighted point, the Chief Magistrate set a date of January 29, 2025, for legal arguments to take place over the issue. Concerning this, the DPP must file submissions by January 21, 2025, and defence counsel Dennis Brady must respond by January 28, 2025.
