Criminal law in Guyana

The main sources include the Constitution of Guyana, the Criminal Law (Offences) Act Cap. 8:01, the Criminal Law (Procedure) Act Cap. 10:01, the Summary Jurisdiction (Procedure) Act Cap. 10:02 and the Summary Jurisdiction (Magistrates) Act Cap. 3:05. The legal position also includes later legislation such as the Bail Act 2022, the Restorative Justice Act 2022, the Criminal Procedure (Plea Discussion, Plea Agreement and Assistance Agreement) Act 2024, the Criminal Law Procedure (Paper Committals) Act 2024 and the Criminal Law Miscellaneous Act 2025. The revised laws published by the Ministry of Legal Affairs cover the position to 31 December 2022, so later amendments need separate checking. The Guyana Police Force investigates suspected offences and prepares the police file. The Director of Public Prosecutions, commonly called the DPP, reviews police files, gives legal advice and conducts or controls prosecutions, but does not generally carry out the police investigation. Magistrates' Courts handle summary matters, bail and preliminary inquiries. Indictable matters proceed through a Magistrate's Court preliminary inquiry or paper committal and then to the High Court, where a judge and jury hear the indictment. Appeals may proceed to the Full Court or Court of Appeal, depending on the decision, and the Caribbean Court of Justice is the final appellate court. The Constitution protects the presumption of innocence, a fair hearing within a reasonable time, adequate time and facilities for a defence, representation by an attorney-at-law or self-representation, examination of prosecution and defence witnesses, an interpreter where needed, protection against retrospective offences and penalties, and protection against double jeopardy. An arrested or detained person should receive the reasons for arrest as soon as possible in a language they understand, access to a legal adviser without delay and a prompt court appearance. Release may be required where a person is not tried within a reasonable time, subject to the applicable circumstances. Criminal offences include violence, sexual offences, offences against children, theft, fraud, robbery, burglary, forgery, arson, corruption, public-order offences, prison escape, drug offences, road offences and cybercrime. The law also covers attempt, conspiracy, incitement and aiding or abetting. Sexual offences are governed mainly by the Sexual Offences Act Cap. 8:03. Child-related protections apply to children under 18, including special measures such as screens, audio-visual links, intermediaries and support persons. Drug offences fall mainly under the Narcotic Drugs and Psychotropic Substances (Control) Act Cap. 10:10, while cybercrime offences such as illegal access and interference with computer data or systems fall under the Cybercrime Act 2018. Bail may be granted by the police or a court through recognizance, a surety or conditions. The decision can consider surrender risk, reoffending, interference with witnesses, complainant or child safety and hardship. Breaching bail can lead to a warrant, forfeiture or remand. No uniform national processing time has been verified; duration depends on the charge, district, court, custody status, completeness of the DPP file and witness availability. Available sanctions include fines, compensation, disqualification, imprisonment, death, confiscation, forfeiture and restitution. Cap. 8:01 also lists whipping or flogging, although its current practical application requires separate case-specific confirmation. The Guyana Prison Service manages custody, sentences, rehabilitation and reintegration. The Parole Board advises the Minister, and parole releases a person on licence subject to conditions. Youth justice applies to children under 18. Criminal responsibility ordinarily begins at 14, while a child under 14 is presumed incapable unless an evaluation establishes capacity. The Juvenile Justice Act 2018 supports police caution, diversion, mediation, conferencing and circles, with detention as a last resort and separation from adults. Outcomes can include a warning or discharge, probation, supervision, a fine or compensation where applicable, restitution, community service, open or secure residential custody and deferred custody. Remanded juveniles may receive free legal representation through arrangements reported by the Juvenile Justice Department. Victims and witnesses may receive protection under the Witness Protection Act 2018, sexual-offence special measures, survivor support and referrals from the Ministry of Human Services and Social Security Sexual Offences and Domestic Violence Policy Unit. The Restorative Justice Act 2022 allows eligible restoration, mediation and community or victim participation. Criminal compensation is separate from a civil claim, and Guyana does not have one verified general Victims' Code covering all cases. Access to representation varies by region and capacity. The Guyana Legal Aid Clinic provides free or subsidized advice and representation through offices in Georgetown, Essequibo, West Coast Berbice and East Berbice. The Linden Legal Aid Centre serves Region 10 and applies a means test. Private attorneys normally charge fees, while legal-aid eligibility, transport, documents, bail expenses and court charges affect the total cost. Guyana's road-traffic laws cover licensing, vehicle fitness, dangerous or careless driving, impaired driving, testing and refusal, mobile-phone use, duties after a collision, demerit points and disqualification. Appeals from demerit decisions go to the High Court.