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Draft:Criminal law in Antigua and Barbuda

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Criminal law in Antigua and Barbuda
Legal SystemEnglish common law, modified by local statutes
Primary Criminal CodeCriminal Code (Cap. 117)
Related StatutesOffences Against the Person Act, Misuse of Drugs Act, Sexual Offences Act
Constitutional BasisConstitution of Antigua and Barbuda (1981), Chapter II
Enforcement AgenciesRoyal Police Force of Antigua and Barbuda, ONDCP
Prosecution AuthorityDirector of Public Prosecutions (DPP)
CourtsMagistrates’ Courts, High Court (ECSC), Privy Council (final appeal)
Specialized UnitsONDCP, Cybercrime Unit, Narcotics Division
Key ReformsOECS Criminal Justice Reform Project (2022–present)
Human Rights ConcernsPrison overcrowding, pre-trial detention, lack of juvenile facilities

Criminal law in Antigua and Barbuda governs offenses against public order, individuals, property, and the state. It encompasses the rules of conduct proscribed by the state, procedures for enforcement, judicial principles for adjudication, and penalties aimed at retribution, deterrence, and rehabilitation. Antigua and Barbuda's legal system is rooted in English common law, with criminal law further developed through domestic legislation, constitutional norms, and international obligations.

Historical Background

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The legal foundations of Antigua and Barbuda were established during British colonial rule, which imposed English common law as the legal norm. Early colonial criminal law included corporal and capital punishments, and summary justice was administered by local magistrates under ordinances passed by British-appointed legislatures. By the late 19th century, British Acts like the Larceny Act of 1861 and the Offences Against the Person Act of 1861 were adapted locally, forming the basis for Antigua's criminal statutes.[1][2]

Post-independence in 1981, Antigua and Barbuda inherited a legal system comprising both statute and common law. Successive parliaments began replacing colonial laws with local enactments, including the Criminal Code (Cap. 117), which was codified in the 1990s to consolidate and clarify offences. Despite the legislative shift, many interpretive principles continue to reflect English case law.[3]

The enduring influence of British legal philosophy is evident in how courts apply precedent and interpret statutes in light of principles such as mens rea, actus reus, and due process—although these have been modified to reflect Caribbean jurisprudence.[4]

Legislative Framework

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Criminal law in Antigua and Barbuda consists mainly of several specific statutes, each detailing different types of criminal activities and their associated penalties. The Criminal Code (Cap. 115) categorizes offences into indictable and summary crimes, outlining fundamental principles of criminal liability. It covers a wide range of offenses including murder, assault, theft, fraud, corruption, and crimes involving property and morality.[5]

The Offences Against the Person Act (Cap. 300) addresses crimes involving violence or threats towards individuals, specifically outlining penalties for assault, battery, wounding, manslaughter, and murder.[6]

The Misuse of Drugs Act (Cap. 283) establishes penalties for the unlawful possession, trafficking, manufacturing, and importation of controlled substances. Convictions often result in severe penalties, including extensive prison sentences and asset forfeiture based on the seriousness of the offense.[7]

In response to societal concerns about sexual violence, the Sexual Offences Act was introduced in 1995. In particular, sexual crimes are now addressed under the Sexual Offences Act (No. 9 of 1995), which explicitly defines offences such as rape, incest, unlawful sexual relations, and child exploitation, including grooming activities and exploitation through digital platforms.[8]

The Trafficking in Persons (Prevention) Act (Cap. 408), aligned with international guidelines from the Palermo Protocol, addresses human trafficking crimes like forced labor, sexual exploitation, and debt bondage. It includes extraterritorial jurisdiction, victim protection provisions, and safeguards for whistleblowers.[9]

Under the Prevention of Crimes Act (Cap. 339), measures are provided to address habitual offenders and recidivism through supervision orders, monitoring systems, and restrictions aimed at reducing repeated criminal behavior.[10]

Cybercrime is governed by the Electronic Crimes Act 2013 (No. 14 of 2013, amended 2018), which outlines crimes involving unauthorized access, data interference, electronic fraud, identity theft, and online child exploitation.[11][12]

The Larceny Act (Cap. 241) specifically covers crimes related to theft, robbery, burglary, and receiving stolen goods, clearly detailing the penalties applicable to these offenses.[13]

The Forgery Act (Cap. 181) criminalizes the creation, possession, and use of forged documents, specifically targeting offenses involving counterfeiting and fraud related to legal and financial documents.[14]

The Money Laundering (Prevention) Act (9, 1996) outlines offenses involving the concealment, transfer, or use of financial gains derived from criminal activities.[15]

The Firearms Act (Cap. 171) strictly regulates firearms and ammunition, outlining significant penalties for unauthorized possession, use, sale, importation, exportation, or manufacturing.[16]

Public disturbances such as riots and unlawful assemblies are regulated under the Public Order Act (Cap. 357), which criminalizes activities disrupting public peace.[17]

Finally, the procedural rules governing arrest, detention, bail, prosecution, trials, and sentencing are provided by the Criminal Procedure Act (Cap. 117).[18]

Constitutional Rights and Criminal Justice

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The 1981 Constitution of Antigua and Barbuda enshrines civil liberties that limit how criminal justice is administered. Sections 3 and 7 outlines the rights to life, liberty, security of the person, and fair trial. Sections 7 and 15 explicitly prohibits torture, inhuman or degrading punishment, and arbitrary detention. [19]

Sections 5 and 15 guarantees the right to remain silent and the presumption of innocence. An accused person has the right to be informed promptly of the charges, to be tried within a reasonable time, to legal counsel, and to remain free from self-incrimination. Violations of these rights can render confessions inadmissible or trigger constitutional motions.[19]

The 2001 case Mendes v. AG established that delays in bringing an accused to trial could constitute cruel and inhuman treatment under the Constitution—a precedent that shaped criminal trial timelines in Antigua and the wider Caribbean.[20]

Criminal Justice Institutions

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The Royal Police Force of Antigua and Barbuda, under the Police Act, is tasked with investigating crime, maintaining public order, and assisting in prosecutions. Specialized divisions handle narcotics, cybercrime, and domestic violence. Following a number of cases that have shocked the public, there have been repeated calls for the establishment of a Police oversight body. [21]

The Director of Public Prosecutions (DPP) is constitutionally protected to ensure prosecutorial independence. The DPP can take over private prosecutions, discontinue criminal proceedings, and must determine whether a prosecution is in the public interest.[22][23]

The Magistrates’ Courts have jurisdiction over minor and preliminary criminal matters. Under the Magistrate’s Code of Procedure (Cap. 255), magistrates may investigate charges, dismiss cases, or commit accused persons to the High Court for trial.[24] For indictable offences, cases proceed to the High Court, where jury trials are conducted. Appeals are heard by the Eastern Caribbean Supreme Court, whose High Court and appellate arms provide consistent regional oversight across OECS member states.[25]

Specialized Crime Enforcement

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The Office of National Drug and Money Laundering Control Policy (ONDCP) operates under the Money Laundering (Prevention) Act and is tasked with intelligence-led enforcement against narcotics trafficking, terrorist financing, and suspicious financial activity. The agency can execute search warrants, freeze bank accounts, and pursue civil asset forfeiture proceedings. [26]

In November 2024, the High Court of Antigua and Barbuda granted a Recovery Order under section 60BB of the Proceeds of Crime Act, targeting funds frozen by ONDCP investigators. The order included the forfeiture of US $14,019,257.08 and €17,587,692.84, which were alleged proceeds linked to corruption and financial crime investigations by the ONDCP.[27]

ONDCP agents are also deputized under the Proceeds of Crime Act, which grants them the authority to investigate, freeze assets, and pursue asset forfeiture under Sections 10–11 of the Act.[28] Under Section 5(1B) of the ONDCP Act, the ONDCP is formally constituted as the country’s FIU, responsible for SAR analysis and dissemination to competent authorities, in line with FATF Recommendation 29.[28] Additionally, ONDCP has a central role in Antigua and Barbuda’s compliance with international AML/CFT standards as a core reporting entity to the Caribbean Financial Action Task Force (CFATF) via participation in mutual evaluations and technical compliance exercises.[29]

Criminal Justice Reform

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In 2022, Antigua and Barbuda began implementing digital tools aimed at improving criminal justice administration—supported by regional initiatives coordinating the integration of IT hardware, digital recording systems, and secure case-management platforms to reduce court backlogs and enhance justice delivery.[30]

Alternative sentencing measures—such as community service, restorative justice practices, and probation—are increasingly emphasized for non-violent offences to reduce prison overcrowding and recidivism. In July 2024, the Antigua Observer reported on a two-day training session for justice sector professionals focused on restorative justice, criminal mediation, and juvenile justice, involving magistrates, probation officers, and police.[31]

The initiative has been praised by regional legal observers, but challenges remain, particularly in rural areas where access to social services and trained probation officers is limited. [32]

Human Rights and Prison Conditions

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Her Majesty’s Prison in St. John's, the main correctional facility, has long suffered from overcrowding, outdated infrastructure, and inadequate healthcare services. A 2021 Universal Periodic Review by the UN Human Rights Council recommended urgent reforms to address unsanitary conditions, violence among inmates, and the absence of programs for juveniles. [33][32]

Despite modest infrastructure investments and public commitments to reform, Non-governmental organization’s report that conditions remain below international standards. Inmates often share cells beyond capacity, and mental health services are underfunded. There is no separate facility for female prisoners, and pre-trial detainees often remain in the same units as convicted inmates.[32]

The Government of Antigua and Barbuda has acknowledged that “retrofitting remains priority” over constructing a new prison facility due to funding constraints, and officials have expressed interest in modernizing existing infrastructure—suggesting an exploration of modular facilities and rehabilitation-focused components. [34]

References

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  1. ^ Dillon, E. F., “Legal Foundations in Antigua & Barbuda,” in The Colonial Law Archive: Law and Society in the British West Indies, University of the West Indies Press, 2005, pp. 45–46. Western legal norms—English criminal statutes including the Larceny Act of 1861 and the Offences Against the Person Act 1861—were formally introduced and adapted under colonial rule as part of the administration of summary justice.
  2. ^ Bulkan, Arif, and Tracy Robinson. “Sticky Colonial Criminal Laws: Surviving British-Era Statutes in the Anglophone Caribbean.”ResearchGate, 2019. https://www.researchgate.net/publication/348501266_Sticky_Colonial_Criminal_Laws
  3. ^ Carew, Annette S. “The Adoption of English Common Law in Antigua and Barbuda: A Study in Legal Reception and Statute Reform.” Caribbean Law Review, vol. 12, 1998, pp. 145–162.
  4. ^ Bernard, Désirée P. “The Impact of the English Common Law on Caribbean Society.” Amicus Curiae, no. 97, Institute of Advanced Legal Studies, University of London, 2014, pp. 12–17. https://journals.sas.ac.uk/amicus/article/view/2268/2195
  5. ^ Antigua and Barbuda. Criminal Code (Cap. 115). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  6. ^ Antigua and Barbuda. Offences Against the Person Act (Cap. 300). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  7. ^ Antigua and Barbuda. Misuse of Drugs Act (Cap. 283). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  8. ^ Antigua and Barbuda. Sexual Offences Act (No. 9 of 1995). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  9. ^ Antigua and Barbuda. Trafficking in Persons (Prevention) Act (Cap. 408). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  10. ^ Antigua and Barbuda. Prevention of Crimes Act (Cap. 339). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  11. ^ Antigua and Barbuda. Electronic Crimes Act 2013 (No. 14 of 2013). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  12. ^ Antigua and Barbuda. Electronic Crimes (Amendment) Act 2018 (No. 25 of 2018). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  13. ^ Antigua and Barbuda. Larceny Act (Cap. 241). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  14. ^ Antigua and Barbuda. Forgery Act (Cap. 181). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  15. ^ Antigua and Barbuda. Money Laundering (Prevention) Act (9, 1996). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  16. ^ Antigua and Barbuda. Firearms Act (Cap. 171). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  17. ^ Antigua and Barbuda. Public Order Act (Cap. 357). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  18. ^ Antigua and Barbuda. Criminal Procedure Act (Cap. 117). Laws of Antigua and Barbuda. Government of Antigua and Barbuda.
  19. ^ a b Antigua and Barbuda. The Constitution of Antigua and Barbuda (Cap. 23). Laws of Antigua and Barbuda. Government of Antigua and Barbuda. https://laws.gov.ag/wp-content/uploads/2018/08/cap-23.pdf. Accessed 4 July 2025.
  20. ^ Trinidad and Tobago Law Reports, Yearbook of Caribbean Jurisprudence 2002, p. 348.
  21. ^ “Police oversight body still needed despite delay, former ACP says.” Antigua Observer, 23 June 2023. https://antiguaobserver.com/police-oversight-body-still-needed-despite-delay-former-acp-says/. Accessed 4 July 2025.
  22. ^ Martin v. Director of Public Prosecutions (2004) ANUHCV 2003/022; High Court (Antigua and Barbuda). In this decision, the court affirmed that under sections 87–89 of the Constitution, the DPP has exclusive authority to institute, take over, or discontinue prosecutions and that this discretion is constitutionally protected—subject only to judicial review for irrationality or bad faith.
  23. ^ Martin v Director of Public Prosecutions (2004) ANUHCV 2003/022; report summarised on vLex Antigua and Barbuda: https://ag.vlex.com/vid/martin-v-director-of-793006705
  24. ^ Magistrates’ Code of Procedure Act (Cap. 255), Laws of Antigua and Barbuda — magistrate jurisdiction and committal procedures. https://laws.gov.ag/wp-content/uploads/2018/08/cap-255.pdf
  25. ^ OECS Supreme Court Order 1967 — establishing the ECSC as a superior court of record across OECS jurisdictions. https://www.oas.org/en/sla/dlc/mesicic/docs/mesicic5_skn_appointmentjudges_annex41.pdf
  26. ^ Antigua and Barbuda. Office of National Drug and Money Laundering Control Policy (ONDCP) Act 2003 (No. 11 of 2003). Laws of Antigua and Barbuda. Government of Antigua and Barbuda. https://laws.gov.ag/wp-content/uploads/2018/08/a2003-11.pdf. Accessed 4 July 2025.
  27. ^ “Court grants Forfeiture of over $14 million US dollars and €17 million Euros.” Office of National Drug and Money Laundering Control Policy (Antigua & Barbuda), 13 January 2025. https://ondcp.gov.ag/court-grants-forfeiture-of-over-14-million-us-dollars-and-e17-million-euros/
  28. ^ a b “The ONDCP Act (Amendment) No. 9, 2017 designates the ONDCP as Antigua and Barbuda's Financial Intelligence Unit (FIU) and confers civil and criminal asset seizure powers under the Proceeds of Crime Act.” — CFATF Mutual Evaluation Report: Antigua and Barbuda, p. 47. Retrieved from CFATF website.
  29. ^ “Antigua and Barbuda’s ONDCP serves as both FIU and supervisory authority, and is a key reporting entity in anti‑money laundering and counter‑terrorist financing frameworks, as outlined in its Mutual Evaluation Report.” — CFATF Mutual Evaluation Report: Antigua and Barbuda, pp. 266–268.
  30. ^ UNDP. “Caribbean Officials Set to Modernize Justice Systems through Digital Tools.” UNDP Barbados & Eastern Caribbean, May 2025. “We delivered essential IT hardware, digital recording systems, and servers to courts around the Caribbean, aimed at improving courtroom efficiency and reducing backlogs.” – UNDP Deputy Resident Representative. https://www.undp.org/barbados/press-releases/caribbean-officials-set-modernize-justice-systems-through-undp-itu-training
  31. ^ “Law enforcement and judicial professionals attend training on restorative justice,” Antigua Observer, 4 July 2024. https://antiguaobserver.com/law-enforcement-and-judicial-professionals-attend-training-on-restorative-justice/
  32. ^ a b c “No Progress Without Prison Reform – Editorial.” Antigua News, 26 August 2024. https://antigua.news/2024/08/26/no-progress-without-prison-reform-editorial/. Accessed 4 July 2025.
  33. ^ United Nations Human Rights Office of the High Commissioner. “Universal Periodic Review – Antigua and Barbuda.” OHCHR.org. https://www.ohchr.org/en/hr-bodies/upr/ag-index. Accessed 4 July 2025.
  34. ^ “Prospects Dwindle for New Prison Facility as Retrofitting Remains Priority.” Antigua Observer, 29 November 2023. https://antiguaobserver.com/prospects-dwindle-for-new-prison-facility-as-retrofitting-remains-priority/. Accessed 4 July 2025.

See also

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