Senator Chote: There is a JP facing criminal charges

I HAVE CONCERNS: Independent Senator Sophia Chote, SC, during debate on the Administration of Justice (Indictable Proceedings) (Amendment) Bill, 2025 on November 14. - Photo courtesy Office Of The Parliament

INDEPENDENT Senator Sophia Chote, SC, has expressed concern about justices of the peace (JPs) being given expanded powers to authorise search warrants under the Administration of Justice (Indictable Proceedings) (Amendment) Bill, 2025 (AJIPA).

She made her feelings clear in a contribution to debate on the bill in the Senate on November 14.

A former Law Association president, Chote said she learnt about the details of the legislation when it was previously debated and passed in the House of Representatives. One fact, Chote indicated she learned, was there is no proper list of JPs.

She referred to a list of JPs that was published in the Gazette in May.

"I have been around for so long now, even I looking at that list, I can say that list which the (Land and Legal Affairs) Ministry has is incomplete." Chote told senators this is was dangerous.

"There is no responsibility on the part of the JP or the JP Association to advise the ministry to say a JP has become incapacitated or he has got a stroke and is in hospital and can't discharge his duties." She said there is also no one with the responsibility to advise those in authority that a JP has died.

Chote disclosed she made a very startling observation when she examined the Gazetted list of JPs.

"There is someone on that list with a case pending before the court, charged with a very serious matter."

She asked senators, "How are we going to deal with the population of the (JP) list and the fact that we are giving broad powers to JPs without knowing the background information or having a system in place so that the ministry under which they fall will be up to date and will know how to act."

She said unless there is a system which ensures transparency and accountability for the conduct of JPs, she could not in good conscience, support the bill.

Referring to an earlier contribution by Opposition Senator Faris Al-Rawi, Chote said he was correct in flagging concerns about the bill.

Section 5 of the bill, she continued, "turned the power of search into a very draconian one."

Chote added the only redeeming aspect of the clause was this power was only being given to certain people because they have the necessary training to execute this power and are accountable. She said it is clear that if these people act improperly, they could face disciplinary action.

"What disciplinary action does a JP face when acting improperly?"

Chote said, "We have a plethora of cases which have gone through the court and again, what usually happens when a police officer goes to a JP for search warrant."

Chote reminded senators that concerns about the ability of JPs have existed since 1997 when they were accused of "touting" the families of incarcerated people outside of the prison. She said then attorney general Ramesh Lawrence Maharaj created a handbook to guide JPs with respect to what they could or could not do.

Chote lamented many attorneys today are unaware of the existence of this book and it is so old it cannot be recorded digitally anywhere.