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A BILL FOR A LAW TO AMEND THE CRIMINAL PROCEDURE CODE (2017 REVISION) TO PROVIDE FOR CONSISTENCY BETWEEN THE PROCEDURES IN THE SUMMARY COURT AND THE GRAND COURT AT THE CONCLUSION OF THE PROSECUTION CASE; TO PROVIDE FOR THE TRANSMITTAL OF CATEGORY C OFFENCES IN CERTAIN INSTANCES; AND FOR INCIDENTAL AND CONNECTED PURPOSES The Criminal Procedure Code (Amendment) Bill, 2018 The Criminal Procedure Code (Amendment) Bill, 2018 THE CRIMINAL PROCEDURE CODE (AMENDMENT) BILL, 2018 MEMORANDUM OF OBJECTS AND REASONS This Bill amends the Criminal Procedure Code (2017 Revision) to provide for consistency between the procedures in the Summary Court and the Grand Court at the conclusion of the prosecution case. It also provides for the transmittal of Category C offences in certain instances. Clause 1 of the Bill provides the short title. Clause 2 amends section 70 to make provision for the court to acquit the accused where at the close of the prosecution case the prosecution has not established a prima facie case. This provision would bring the Summary Court procedures in line with those of the Grand Court. Clause 3 amends section 75 to make it clear that the burden of proof is beyond a reasonable doubt. This provision would also bring the Summary Court procedures in line with those of the Grand Court. Clause 4 amends section 85A to provide for the transmittal to the Grand Court of a Category C offence where the Category C offence is related to the commission of a Category A offence. The Criminal Procedure Code (Amendment) Bill, 2018 THE CRIMINAL PROCEDURE CODE (AMENDMENT) BILL, 2018 ARRANGEMENT OF CLAUSES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 70 of the Criminal Procedure Code (2017 Revision) - acquittal of accused person if no case to answer\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 75 - the decision of the court\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 85A - no preliminary enquiry for Category A offences The Criminal Procedure Code (Amendment) Bill, 2018 A BILL FOR A LAW TO AMEND THE CRIMINAL PROCEDURE CODE (2017 REVISION) TO PROVIDE FOR CONSISTENCY BETWEEN THE PROCEDURES IN THE SUMMARY COURT AND THE GRAND COURT AT THE CONCLUSION OF THE PROSECUTION CASE; TO PROVIDE FOR THE TRANSMITTAL TO THE GRAND COURT OF CATEGORY C OFFENCES IN CERTAIN INSTANCES; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. 1. This Law may be cited as the Criminal Procedure Code (Amendment) Law, 2018. 2. The Criminal Procedure Code (2017 Revision), in this Law referred to as the \u201cprincipal Law\u201d, is amended by repealing section 70 and substituting the following section - \u201c70. If at the close of the case for the prosecution the court considers that a prima facie case on the evidence presented has not been established, the court shall acquit the accused or in any other case, the court shall proceed to hear the case for the accused.\u201d. 3. The principal Law is amended by repealing section 75 and substituting the following section - Short title Amendment of section 70 of the Criminal Procedure Code (2017 Revision) - acquittal of accused person if no case to answer Amendment of section 75 - the decision of the court The Criminal Procedure Code (Amendment) Bill, 2018 \u201c75. (1) The court, having heard both the prosecutor and the accused person and their witnesses, shall either - (a) convict the accused, if satisfied of his guilt beyond a reasonable doubt and pass sentence upon him or make an order against him according to law and may, in its discretion, record or not record a conviction; or (b) acquit him. (2) Notwithstanding subsection (1), the Court may, if it is of the opinion that it is not expedient to inflict any punishment notwithstanding that it finds the charge against the accused is proved, make an order discharging the accused absolutely or conditionally but no such order of discharge shall be made in respect of any prosecution instituted under sections 82 to 85 of the Traffic Law, 2011.\u201d. 4. The principal Law is amended in section 85A by repealing subsections (1), (2) and (3) and substituting the following sections - \u201c(1)  Where a charge has been brought in a Summary Court against a person in respect of a Category A offence, the court shall transmit the matter forthwith to the Grand Court for hearing and if that person is also charged with an offence which may be tried - (a) either summarily or on indictment; or (b) summarily only being an offence punishable by imprisonment, and the commission of that other offence appears to the court to be related to the commission of the Category A offence the court shall also transmit that matter forthwith to the Grand Court for hearing. (2) Where the court transmits a matter for hearing under subsection (1) and - (a) another person appears or is brought before the court on the same or a subsequent occasion charged jointly or may be tried jointly with the person referred to in subsection (1) for an offence which may be tried - (i) either summarily or on indictment; or (ii) summarily only being an offence punishable by imprisonment; and (b) that offence appears to the court to be related to the Category A offence, the court shall where it is the same occasion, and may where it is a Amendment of section 85A - no preliminary enquiry for Category A offences The Criminal Procedure Code (Amendment) Bill, 2018 subsequent occasion, transmit the matter forthwith to the Grand Court for hearing. (3) Where the court transmits a matter for hearing under subsection (1) or (2), it shall at the same time transmit any other matter to the Grand Court for hearing where that other matter - (a) arises from an offence which may be tried either summarily or on indictment; or (b) is a summary offence punishable with imprisonment, and is related to the Category A offence.\u201d. Passed by the Legislative Assembly the               day of                              2018. Speaker. 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It also provides for the transmittal of\nCategory C offences in certain instances.\nClause 1 of the Bill provides the short title.\nClause 2 amends section 70 to make provision for the court to acquit the accused\nwhere at the close of the prosecution case the prosecution has not established a\nprima facie case. This provision would bring the Summary Court procedures in\nline with those of the Grand Court.\nClause 3 amends section 75 to make it clear that the burden of proof is beyond a\nreasonable doubt. This provision would also bring the Summary Court\nprocedures in line with those of the Grand Court.\nClause 4 amends section 85A to provide for the transmittal to the Grand Court of\na Category C offence where the Category C offence is related to the commission\nof a Category A offence.\n\nThe Criminal Procedure Code (Amendment) Bill, 2018\n4\n\nTHE CRIMINAL PROCEDURE CODE (AMENDMENT) BILL, 2018\n\nARRANGEMENT OF CLAUSES\n\n1.\nShort title\n2.\nAmendment of section 70 of the Criminal Procedure Code (2017 Revision)\n- acquittal of accused person if no case to answer\n3.\nAmendment of section 75 - the decision of the court\n4.\nAmendment of section 85A - no preliminary enquiry for Category A\noffences\n\nThe Criminal Procedure Code (Amendment) Bill, 2018\n5\n\nCAYMAN ISLANDS\n\nA BILL FOR A LAW TO AMEND THE CRIMINAL PROCEDURE\nCODE (2017 REVISION) TO PROVIDE FOR CONSISTENCY BETWEEN\nTHE PROCEDURES IN THE SUMMARY COURT AND THE GRAND\nCOURT AT THE CONCLUSION OF THE PROSECUTION CASE; TO\nPROVIDE FOR THE TRANSMITTAL TO THE GRAND COURT OF\nCATEGORY C OFFENCES IN CERTAIN INSTANCES; AND FOR\nINCIDENTAL AND CONNECTED PURPOSES\n\nENACTED by the Legislature of the Cayman Islands.\n1.\nThis Law may be cited as the Criminal Procedure Code (Amendment) Law,\n2018.\n2.\nThe Criminal Procedure Code (2017 Revision), in this Law referred to as\nthe \u201cprincipal Law\u201d, is amended by repealing section 70 and substituting the\nfollowing section -\n\u201c70. If at the close of the case for the prosecution the court considers\nthat a prima facie case on the evidence presented has not been\nestablished, the court shall acquit the accused or in any other case, the\ncourt shall proceed to hear the case for the accused.\u201d.\n3.\nThe principal Law is amended by repealing section 75 and substituting the\nfollowing section -\nShort title\nAmendment of section\n70 of the Criminal\nProcedure Code (2017\nRevision) - acquittal of\naccused person if no\ncase to answer\nAmendment of section\n75 - the decision of the\ncourt\n\nThe Criminal Procedure Code (Amendment) Bill, 2018\n6\n\u201c75. (1) The court, having heard both the prosecutor and the accused\nperson and their witnesses, shall either -\n(a)\nconvict the accused, if satisfied of his guilt beyond a\nreasonable doubt and pass sentence upon him or make\nan order against him according to law and may, in its\ndiscretion, record or not record a conviction; or\n(b) acquit him.\n(2) Notwithstanding subsection (1), the Court may, if it is of the\nopinion that it is not expedient to inflict any punishment\nnotwithstanding that it finds the charge against the accused is proved,\nmake an order discharging the accused absolutely or conditionally but\nno such order of discharge shall be made in respect of any prosecution\ninstituted under sections 82 to 85 of the Traffic Law, 2011.\u201d.\n4.\nThe principal Law is amended in section 85A by repealing subsections (1),\n(2) and (3) and substituting the following sections -\n\n\u201c(1)  Where a charge has been brought in a Summary Court against a\nperson in respect of a Category A offence, the court shall transmit the\nmatter forthwith to the Grand Court for hearing and if that person is also\ncharged with an offence which may be tried -\n(a) either summarily or on indictment; or\n(b) summarily only being an offence punishable by\nimprisonment,\nand the commission of that other offence appears to the court to be\nrelated to the commission of the Category A offence the court shall\nalso transmit that matter forthwith to the Grand Court for hearing.\n(2) Where the court transmits a matter for hearing under\nsubsection (1) and -\n(a)\nanother person appears or is brought before the court\non the same or a subsequent occasion charged jointly\nor may be tried jointly with the person referred to in\nsubsection (1) for an offence which may be tried -\n(i)\neither summarily or on indictment; or\n(ii) summarily only being an offence punishable by\nimprisonment; and\n(b) that offence appears to the court to be related to the\nCategory A offence,\nthe court shall where it is the same occasion, and may where it is a\nAmendment of section\n85A - no preliminary\nenquiry for Category A\noffences\n\nThe Criminal Procedure Code (Amendment) Bill, 2018\n7\n\nsubsequent occasion, transmit the matter forthwith to the Grand Court\nfor hearing.\n(3) Where the court transmits a matter for hearing under\nsubsection (1) or (2), it shall at the same time transmit any other matter\nto the Grand Court for hearing where that other matter -\n(a)\narises from an offence which may be tried either\nsummarily or on indictment; or\n(b) is a summary offence punishable with imprisonment,\nand is related to the Category A offence.\u201d.\n\nPassed by the Legislative Assembly the               day of                              2018.\n\nSpeaker.\n\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-07-18 12:35:27.32347+00","cms_id":"2018-0007","law_type":"bill","year":"2018","number":"7","title":"Criminal Procedure Code (Amendment) Bill, 2018","status":"bill"},"provenance":{"files":[{"file_id":"6939","expr_id":"2140","kind":"akn_xml","filename":"2018-0007.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2018\/2018-0007\/2018-0007.akn.xml","content_md5":"90f03506f7635560630db40f6ae7494a","byte_size":"8974","http_last_modified":null,"fetched_at":"2026-07-18 12:35:27.368685+00"},{"file_id":"4279","expr_id":"2140","kind":"pristine_pdf","filename":"2018-0007.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2018\/2018-0007\/2018-0007.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2018\/2018-0007\/2018-0007.pdf","content_md5":"2fff06a842effefaf28c5cfcca14d3cd","byte_size":"105409","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.248299+00"},{"file_id":"4280","expr_id":"2140","kind":"working_pdf","filename":"2018-0007.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2018\/2018-0007\/2018-0007.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2018\/2018-0007\/2018-0007.pdf","content_md5":"2fff06a842effefaf28c5cfcca14d3cd","byte_size":"105409","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.248299+00"}],"paragraph_count":14,"latest_history":{"history_id":"270112","change_type":"UPDATE","changed_at":"2026-07-18 00:00:00+00","change_source":"MIGRATION_027","change_reason":"CMS-id-collision audit 2026-07-18: title corrected from the document's own PDF and\/or the (law_type, cms_id)-keyed official legislation.gov.ky listing."}},"quality":{"expr_id":"2140","doc_id":"2140","quality_state":"known_issue","quality_score":"67","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 2, \"high\": 1}","finding_summary":"stored title is not visible in the opening extracted text; 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