Regulation of Queen's Evidence – Immunity from Prosecution, Restricted Use Undertakings & Reduced Sentences

In March 2017, the Law Reform Commission undertook a review of the statutory regulation of accomplice evidence, prompted by concerns raised by the Director of Public Prosecutions and public commentary calling for new strategies to address rising crime in the Cayman Islands.

The objective of the Commission’s review was to assess whether the Cayman Islands ought to implement a statutory framework for regulating accomplice evidence and, if so, whether that framework should be modelled on the United Kingdom’s system, incorporate plea agreement mechanisms similar to those used in the United States, or align with the approach taken in Jamaica.

In pursuit of this objective, the Commission identified the United Kingdom’s Serious Organised Crime and Police Act 2005 as its primary point of reference. It also conducted an in-depth analysis of Jamaica’s Criminal Justice (Plea Negotiations and Agreements) Act 2005.

The Commission invited public feedback on whether statutory regulation of accomplice evidence was necessary and, if so, which of the referenced models would be most suitable for implementation in the Cayman Islands.

In March 2017, the Law Reform Commission circulated a scoping paper and an initial draft of the Criminal Justice (Offenders Assisting Investigations and Prosecutions) Bill, 2017 to key stakeholders, including the Chief Justice, the Criminal Defence Bar Association, and the Attorney General, for preliminary review and comment.

Subsequently, on 25 September, 2017, the Commission published a Discussion Paper titled “Regulation of Queen’s Evidence – Immunity from Prosecution and Reduced Sentences” and the draft Bill for broader public consultation. The Discussion Paper outlined the existing legal framework in the Cayman Islands and provided a comparative analysis of relevant legislation in the United Kingdom, the United States, and Jamaica. It also summarised the key provisions of the draft Bill, which include:

• the granting of full or restricted immunity from prosecution for offenders assisting in investigations and prosecutions in exceptional cases; 
• the reduction and review of sentences for defendants who provide substantial assistance in investigations or prosecutions;
• a requirement for legal representation during plea negotiations to ensure fairness and due process;
• a mechanism for notifying victims and providing them with an opportunity to be heard; and
• judicial discretion to reject proposed agreements that do not meet legal or public interest standards.

The Commission received detailed feedback from the Criminal Defence Bar Association. The final version of the Bill introduced greater clarity on matters such as judicial discretion and the protection of confidentiality. These enhancements are reflected in provisions such as clause 8 (exclusion of the public), clause 9 (legal representation), clause 11 (confidentiality), and clause 13 (court not bound by agreements).

The Commission issued its Final Report titled “Regulation of Queen's Evidence - Immunity from Prosecution, Restricted Use Undertakings and Reduced Sentences” on 30 November, 2021, accompanied by the revised Criminal Justice (Offenders Assisting Investigations and Prosecutions) Bill, 2021. 

The Bill was passed by Parliament on 14 December, 2022. The Criminal Justice (Offenders Assisting Investigations and Prosecutions) Act, 2022 received assent on 29 December, 2022 and came into force on 30 January, 2023.