Despite a shortage of eligible participants legislators are reluctant to open the field to long-term residents
Jury trials in the British Virgin Islands have not taken place since July 2019 following certain issues with the jury selection process in the territory.
In October 2019, Justice Ann-Marie Smith, citing several defects in the current register, ordered that the High Court’s list of potential jurors from across the territory be quashed and a new list drafted. Among the procedural problems highlighted by the judge included the fact that the Registrar had continued a practice criticised by the Privy Council in the UK and the continued failure to include persons from the outlying islands.
The Jury Act, 1914 (the “Act”) allows anyone who has been a resident in the British Virgin Islands for more than 10 years to serve as a juror as long as the person is between the ages of 21 and 60. Jurors were instead only being selected from the territory’s voters’ list, a process that is allowed under the Act but limits the scope of potential jurors.
“The burden of the jury service needs to be distributed evenly and equally between all persons liable to serve.”
Justice Ann-Marie Smith
While asserting that non-Belongers should not serve on juries in the British Virgin Islands, Opposition legislator Julian Fraser has raised concern in the House of Assembly that there have not been any jury trials in the territory for months.
A new jury list is expected to be completed by January 17 and amending legislation has been drafted but not yet put before parliament.
