Guyana
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Legal Resources for Guyana
E-Learning Resources |
Quick summary of the context/recent history
Guyana is the only English-speaking country in South America and developed a new constitution in 1953. The country gained independence from Britain in 1966 and then went through a period of political instability associated with negative and challenging interpersonal relations of various identity groups, primarily between Afro-Guyanese and Indo-Guyanese communities. These relations took form in two political parties: People’s National Congress (PNC) and People’s Progressive Party (PPP) respectively. The PPP has in the past been accused of favoring the Indo-Guyanese population to the detriment and neglect of Afro-Guyanese people. There have been two notable periods of intense violence across the country as a result of political tensions (1960–1964 and 2002–2006). For many decades there have been charges of voter fraud in presidential elections regardless of which political party holds office.
Type of system (common law; civil law; hybrid)
Guyana’s legal system is a combination of both Dutch and British influence, though more notably British common law practices, as a result of colonialism. The hierarchy of judges in the judicial system are the magistrate courts, Guyana’s High Court, and the Caribbean Court of Justice.
The legal aid situation in the country
State Sponsored legal aid
The state is responsible for making provisions for legal aid to be given to people in suitable cases according to article 144 of the Guyanese Constitution.
If no State Sponsored Legal aid exist, mention existing NGOs providing pro bono legal aid
The non-governmental organization Guyana Legal Aid Clinic is the only institutional provider of legal aid in Guyana. They provide subsidized and free professional assistance and legal aid to those in danger of having their rights infringed upon or other needs unmet.
Number of lawyers (criminal/civil) if known
The number of lawyers in Guyana is currently unknown.
Sources of defendant’s rights
National Sources of Defendant’s rights
Most of the information about Guyana’s legal system can be found in the Guyanese Constitution and Laws of Guyana Criminal Law Procedure Act. The Laws of Guyana Prison Act and Summary Jurisdiction (Appeals) Act contains more specific information on prison conditions and rights of prisoners.
International Sources of defendant’s rights
Guyana is a signatory and has included in its constitution that it seeks to uphold rights of individuals declared in the Universal Declaration of Human Rights.
Rights of the Accused
Right Against Unlawful Arrests, Searches and Seizures
Article 199 of the Criminal Law Procedure states that any person found committing any indictable offence may be apprehended by anyone without warrant, and anyone may, without warrant, arrest the person if that offence has actually been committed, or if the person arrested is being pursued by hue and cry. Article 143 of the Guyanese Constitution guarantees that no person shall be subject to the search of their person or property without consent, though Article 18 of the Guyana Police Act allows searches by police under reasonable suspicion.
Right Not to be Tortured or Ill-Treated
Article 141 of the Guyanese Constitution guarantees that no person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
Right to Medical Care
Article 174 of the Criminal Law Procedure Act allows absence from trial on grounds of illness and for court-ordered medical examination.
Right to be Informed of Charges
Subsection b of Article 144 of the Constitution ensures the right to be informed of the nature of charges in a language the person understands.
Right to Presumption of Innocence
Subsection a of Article 144 of the Constitution guarantees presumption of innocence until proven guilty or a guilty plea is entered.
Right to a Present a Defense
Subsection c of Article 144 provides the accused with adequate time and facilities to prepare their defense.
Right to Equal Protection of the Laws
Article 149D guarantees equality before the law and equal protection and benefit of the law.
Right to Bail
Article 18 of the Criminal Law Procedure provides for bail based on surety or recognizance, at the discretion of a magistrate.
Right Against Double Jeopardy
Article 144 prohibits retrial for the same offence once a competent court has acquitted or convicted, except on appeal.
Right to a Fair Trial
Article 144 mandates a fair hearing within a reasonable time by an independent and impartial court.
Right to Language Interpretation
Article 144 also entitles accused persons to a free interpreter if they do not understand the language of the trial.
Right to Habeas Corpus
Article 174 ensures presence in court throughout the trial unless disruptive conduct makes it impracticable.
Capital Punishment
Article 138 prohibits capital punishment for persons under 18. Article 167 substitutes life imprisonment for pregnant women sentenced to death. Article 185 details execution procedures.
Right to Appeal
Appeal is available via the Court of Appeals as established in the Guyanese Constitution.
Rights of Counsel
Right of Access to the Client
Article 193 of the Criminal Law Procedure grants counsel access to detained clients subject to prison regulations.
Right to Confidential Communication with the Client
Article 303 of the Prison Rules Act allows private communication between prisoners and legal advisers in sight but not hearing of an officer.
Means of Protecting or Enforcing Rights
Motions
Article 161 of the Criminal Law Procedure mandates that following a guilty verdict or plea, the registrar must ask for any reason sentence should not be passed, though omission doesn’t invalidate proceedings.
Contempt
Article 139 provides that deprivation of liberty must be lawful and includes punishment for contempt of court.
Pre-trial Procedures
Police procedures
Complaint/information
Article 51 authorizes a magistrate to issue a summons or warrant upon a complaint or information of an indictable offence if deemed justified.
Arrest, Search and Seizure Laws
See Rights of the Accused section above.
Pre-trial detention
Article 151 of the Constitution limits detention without trial to three months.
Court Procedures
Pre-Trial
Article 62 of the Criminal Law Procedure allows magistrates to manage preliminary inquiries with discretion to allow or deny prosecutor arguments, receive further evidence, adjourn and change venues, and remand the accused.
Discovery
Article 65 requires magistrates to record witness testimony in the presence of the accused, allow cross-examination, and ensure the deposition is signed in a joint session.
Trial
Article 91 states trials shall be on indictment in court. Article 92 allows motion for trial at bar with multiple judges and a jury. Representation by counsel is affirmed.
Sentencing
Article 161 again mandates asking for mitigating statements post-verdict. Article 181–183 govern execution and consequences of non-capital sentences, including effect akin to a pardon for served sentences.
Appeals
Article 3 of the Summary Jurisdiction (Appeals) Act allows appeals from magistrates to the Court, including for indictable offences handled summarily.
Rights in Prison
Right to Humane Conditions of Confinement
Articles 281–292 of the Prison Act ensure educational opportunities, access to libraries, communication with families, and regulated visitation rights.
Right to Medical Care in Prison
Article 239 requires a medical examination within 24 hours of prison admission.
Right to Mental Health Care
Article 45 emphasizes the importance of improving prisoners’ mental and physical abilities.
Rights of Special Populations
Women
Articles 98 and 102 require daily inspection of female prisoner areas by a Woman Principal Officer and limit male access.
Mentally Ill Prisoners
Article 24 allows transfer to a mental hospital based on certification by a government medical officer.
Juveniles
Articles 31, 220, and 221 provide for transfer to approved schools and classification into Young Prisoners’ Class, with provisions for reassignment.
Sources
- Constitution of the Cooperative Republic of Guyana. Laws of Guyana. 2012. http://old.parliament.gov.gy/constitution.pdf
- Criminal Law (Procedure). Laws of Guyana. 1998. https://moha.gov.gy/Criminal-Law-Procedure.pdf
- Prison Act. Laws of Guyana 2012. https://mola.gov.gy.pdf
- Police Act. Laws of Guyana. 1998. https://humanrightsinitiative.orgpoliceact.pdf
- Summary Jurisdiction (Appeals) Act. Laws of Guyana. 1998. https://mola.gov.gy/laws.pdf
