Are plea bargains accepted in Cayman?

| 01/12/2016

Does Cayman have a system in place to accept plea deals from persons accused of crimes? Whether it be traffic or criminal related? For example, if I am charged with DUI, can I plead guilty in exchange for community service to save everyone the time?

Auntie’s answer: Apparently there is no system in place here for plea-bargaining. Lawyer Peter Polack explained this is despite both criminal and defence attorneys, along with “sensible police”, advocating for such a system to be established.

He added, “This has worldwide implementation but our overworked director of public prosecutions and attorney general cannot find the time.”

Mr Polack has spoken about this issue previously, as well as suggested various steps that can be taken to reduce the backlog in the courts system and overcrowding in our prison.

He also pointed to the plea-bargain system that Jamaica introduced in 2005 as an example for Cayman to follow.

Perhaps this would be a good issue to bring up with any and all candidates standing for election here next year.

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Category: Ask Auntie

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  1. Anonymous says:

    Sadly, simple DWI/DUI is a traffic offense. Automatic loss of license for 1 yr and enrollment in an approved alcohol education program (that few attend beyond sentencing hearing). Usually you only go to jail if the selfish act culminated in a crash or harm to others…even then, if you are an MLA, or senior Officer in the civil service, you probably won’t see any jail time and hearings can (evidently) be deferred for several years.