Criminal law in Antigua and Barbuda

Criminal law includes, among other matters, homicide offences, assault, sexual offences, theft, robbery, burglary, criminal damage, arson, drug and firearms offences, human trafficking, money laundering, terrorism, gang-related crime, electronic crime, and traffic offences. The legal foundations are set out in the Constitution, the Criminal Procedure Act, the Magistrate's Code of Procedure Act, the Evidence Act, and special laws such as the Misuse of Drugs Act, the Firearms Act, the Proceeds of Crime Act, the Electronic Crimes Act, and the Vehicles and Road Traffic Act. Individual common-law offences may also remain relevant. The Royal Police Force of Antigua and Barbuda accepts reports at any police station or at the Criminal Investigation Department. Its units include General CID, the Serious Crimes Unit, the Special Victims Unit, the Proceeds of Crime Unit, Narcotics, the Forensic Evidence and Recovery Unit, the Youth Intervention Unit, and the Cyber Lab. The police document crime scenes, secure evidence, and may, where the statutory conditions are met, arrest without a warrant on reasonable suspicion. A general police report usually costs 100 ECD; a traffic-accident report costs 200 ECD and is often processed within approximately one week unless the investigation requires more time. When a person is arrested, they must be informed of the reason in a language they understand. They may contact a lawyer of their choice without delay at their own expense. A court must generally be involved within 48 hours after the detention begins; Sundays and public holidays are excluded from that calculation. The Constitution also protects the presumption of innocence, adequate opportunities for defence, a free interpreter, the examination of witnesses, a public hearing, and the right not to be compelled to make incriminating statements or provide evidence against oneself. Retroactive criminal liability and renewed prosecution for the same offence are excluded. Bail must not be excessive; the Magistrate's Court may set specific conditions. Less serious cases are tried as summary convictions before the Magistrate's Court. In indictable offences, a preliminary inquiry or committal usually takes place before the High Court of Justice takes over the proceedings. The Director of Public Prosecutions, known as the DPP, may institute or take over criminal proceedings, refer them back to the Magistrate's Court for summary treatment, or discontinue them before judgment. For certain summary offences carrying a possible prison sentence of more than two years, the accused person may request a jury trial unless a statutory exception applies. A trial before a single High Court judge is possible under the Criminal Proceedings (Trial by Judge Alone) Act 2021 only with consent and the prescribed safeguards. Criminal appeals proceed through the competent appellate courts to the Eastern Caribbean Supreme Court Court of Appeal. Possible sanctions include imprisonment, fines, forfeiture or confiscation of assets, disqualification from driving, probation, conditional release, and, in suitable summary cases, discharge without conviction. Compensation is available only where a statute or the court provides for it. The High Court may reduce statutory minimum sentences under the conditions of the Abolition of Minimum Punishments Act. Prison law regulates, among other matters, detention, sentence reduction for good conduct, and temporary medical release. A first conviction may be treated as spent after the sentence has been fully served and the rehabilitation period has expired; exceptions apply. For murder, the law formally continues to provide for the death penalty, while the Constitution and child-protection law exclude it for children. Criminal law treats children under 18 particularly. Since the amendment of the Child Justice Act, the age of criminal responsibility is generally twelve. The Child Justice Board conducts an initial assessment; depending on the case, a child-appropriate procedure, a suitable adult adviser, diversion, reparation, release, or state legal representation may be available. Detention should be a measure of last resort for children. The 2024 amendments strengthen the rules for serious offences under Schedules II and III, including certain gang offences: release to parents or suitable adults is partly excluded, and from the age of 14 longer corrective supervision or transfer to custody may be ordered. The available sources do not establish a separate juvenile detention facility; reports describe overcrowding at His Majesty's Prison. Injured persons can contact the police or the CID. The Special Victims Unit investigates sexual offences and may arrange counselling. The Sexual Assault Referral Centre supports victims with a medical examination for evidence preservation, psychosocial and legal counselling, court accompaniment, safety planning, a child-friendly area, and emergency accommodation for up to 48 hours. The Directorate of Gender Affairs can be reached through the 24-hour hotline 268-463-5555. The Sexual Offences Model Court of the High Court uses, among other measures, pre-trial management, expedited proceedings, trained staff, a waiting room, and remote testimony for particularly vulnerable complainants. No generally applicable victims' code is established; support and access therefore depend on the offence and the proceedings. Newer special rules apply to certain offences. The Anti-Gang Act 2024 makes forming a gang punishable by up to ten years' imprisonment and gang leadership by up to 15 years; it also covers membership, recruitment, harbouring, concealment, retaliation, and possession of certain body armour, firearms, or ammunition. For these purposes, the Act expands investigative, search, and arrest powers. In addition to the police, the Antigua and Barbuda Defence Force and the ONDCP may have jurisdiction. The Electronic Crimes Act 2013 covers, among other matters, unauthorised access to or interference with computer systems, electronic fraud, privacy violations, harassment, fake websites, spam, images depicting the sexual abuse of children, and electronic terrorism. Subject to statutory conditions, investigators may apply for the preservation or disclosure of electronic data, searches and seizures, and real-time monitoring of traffic data. Bills from 2025 and 2026 are not treated as law in force. The state AB govCIRT supports responses to security incidents but does not create a separate criminal offence. For traffic offences, the Vehicles and Road Traffic Act and the 2025 amendment apply. Antigua and Barbuda drives on the left. On a first summary conviction for driving under the influence of alcohol or drugs, the penalties may include 5,000 ECD, up to 18 months' imprisonment, and a twelve-month driving disqualification. On a second or subsequent conviction, the penalties may include 10,000 ECD, up to three years' imprisonment, and, from the second similar conviction, permanent disqualification from driving. Careless driving may result in a fine of 1,000 or 2,500 ECD and driving-related measures; causing death by reckless or dangerous driving may result in up to five years' imprisonment. Leaving an accident scene without a medical reason may also constitute a criminal offence. State-supported legal assistance through the Legal Aid and Advice Clinic is income-based and is not automatically free. An application may involve a means test, an administrative fee, and a personal contribution. Entitlement for foreign nationals is not generally guaranteed and must be assessed on a case-by-case basis. Remand and the length of proceedings depend on the offence and the course of the case; in serious matters, remand may last for years. The Director of Public Prosecutions, the courts, the police, and the relevant specialist services therefore have different functions that are not replaced by a single central criminal authority.