Basseterre, Saint Kitts, June 11, 2026 (SKNIS): The Honourable Marsha Henderson, Minister of Tourism and Member of Parliament (MP) for St. Christopher #2, fully endorsed the passage of the Evidence (Amendment) Bill, 2026, which successfully moved through the National Assembly on Thursday (June 11, 2026).
The Bill, piloted by the Attorney General and Minister of Justice and Legal Affairs, the Honourable Garth Wilkin, modernises the legal framework governing DNA evidence while strengthening safeguards to protect fairness, privacy, judicial independence, and due process.
Honourable Henderson, who is a criminal defence attorney by profession, indicated that DNA evidence can be compelling in the administration of justice.
“It can assist the prosecution. It can identify guilt. It can also exclude the innocent,” she stated. “For that reason, the law must ensure that DNA evidence is obtained properly, explained clearly, disclosed fully, and tested fairly.”
Importantly, the amendment makes provisions to ensure that persons who enter the criminal justice system are aware of their rights and must be told what sample is being sought, why it is being sought, how it can be used as evidence and the consequences of refusal to give a sample.
The amendment also ensures that the police cannot simply compel a sample because they want one, but must justify a request before an independent judicial officer. Further, the rights of the accused is protected as the DNA collected may generally be used only for the investigation or prosecution of the offence for which it was sought, related proceedings arising out of the same facts, or another purpose expressly authorised by the court. Where a person is acquitted, cautioned, or not prosecuted, the sample and related DNA result documents must be destroyed as soon as practicable, subject to pending appeals or related proceedings.
“Madame Speaker, from the standpoint of a former Defence Counsel, I support this Bill because it improves the law while preserving the rights of accused persons,” said MP Henderson. “It strengthens investigations, and it strengthens fairness. It assists the prosecution, and it protects the defence. It modernises DNA evidence, and it insists on judicial oversight, disclosure, proportionality, privacy, and clear explanation. That is the kind of reform our justice system requires.”
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