BAHRAIN’S court procedures are set to turn virtual as part of precautionary measures to contain the spread of the Coronavirus Disease (Covid-19).
The Shura Council yesterday unanimously approved amendments to the 2002 Criminal Procedures Law following an urgent agreement with Justice, Islamic Affairs and Endowments Minister Shaikh Khalid bin Ali Al Khalifa.
MPs fast-tracked the amendments during their session last Tuesday and it will be now ratified by His Majesty King Hamad for immediate implementation.
Shaikh Khalid said work on ways to improve court procedures were ongoing with the Supreme Judicial Council and the Public Prosecution.
“This legislation will not be just for now – though it is extremely important to introduce it now due to the current circumstances – but also for the future as we introduce new ways to achieve justice in a more efficient and faster way,” he said.
He added even court proceedings at the Public Prosecution will be done through court guarantees as in usual cases that involve lawyers and the presence of the judiciary.
“I will issue by-laws for how the new procedures will be implemented and how the buildings used by courts or prosecutors in the Diplomatic Area or any other place would be changed to serve the new system.
“However, the new rules don’t mean that judges cannot request normal proceedings should they feel it necessary.”
Shura second vice-chairwoman Jameela Nusaif said the new rules would not just protect the public, members of the judiciary and lawyers, but also the suspects.
“No one knows what illnesses spread through the air so the shift is a step in the right direction for the future,” she said.
“There could be other reasons related to the safety and well-being of those involved; so, basically this legislation is of high importance.”
The amendments would enable the Public Prosecution to record investigations in person, or video conferencing or calls and present them in court.
Courts would also be able to have live feeds with suspects during hearings unless physical attendance is demanded by the judge.
All court procedures would be done electronically including summons, signatures, documents, recordings or any other material related to the case that could be uploaded.
The court would have the right to reduce the number of witnesses should it be necessary.
The Public Prosecution would also be able to launch a witness protection programme that would enable it to change addresses, IDs and provide protection and shelter to witnesses.
In the event of a serious accusation, the Public Prosecution would have the right to ban the accused from travelling until the case is settled.
For felonies that don’t involve a jail term, the Public Prosecution could impose a fine of up to BD2,000 in addition to legal charges.
The financial verdict should be contested within seven days, while jail terms of less than six months could be replaced with a fine.
For court verdicts in absentia, an arrest warrant could be ordered for those sentenced for a month in jail or more through a request by the Public Prosecution.
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