Search Warrant Bill Sparks Debate Over Crime Fighting and Civil Liberties

A proposed amendment to Antigua and Barbuda’s search warrant laws has sparked debate in Parliament over how far police powers should go in the fight against crime. The issue arose during debate on the Magistrate’s Code of Procedure Amendment Bill 2026, which seeks to widen the circumstances under which magistrates may issue search warrants. Attorney […]

Search Warrant Bill Sparks Debate Over Crime Fighting and Civil Liberties

A proposed amendment to Antigua and Barbuda’s search warrant laws has sparked debate in Parliament over how far police powers should go in the fight against crime.

The issue arose during debate on the Magistrate’s Code of Procedure Amendment Bill 2026, which seeks to widen the circumstances under which magistrates may issue search warrants.

Attorney General Sir Steadroy Benjamin said the amendment is intended to clarify the law and remove arguments that have been raised in court about the limits of existing search warrant powers.

According to the Attorney General, the current provision has been interpreted by some lawyers as applying mainly to larceny and felony matters. He said the amendment would make it clear that a magistrate may issue a search warrant where there is reasonable cause to believe that an offence of any kind is being, or has been, committed, or that evidence connected to such an offence may be found at a particular place.

The Bill would also make clear that search warrants may be issued and executed at any time, including Sundays.

Another key provision would allow evidence of other offences found during the execution of a warrant to be brought before a magistrate, even if those items were not the original subject of the search.

However, Opposition Leader Jamale Pringle warned that the proposed changes must be handled carefully to avoid infringing on the constitutional rights of citizens.

MP Pringle said expanding search warrant powers to cover “offences of any kind” could be too broad and may raise privacy concerns if not properly limited.

He suggested that the provision could include a threshold of seriousness, such as limiting the expanded powers to indictable offences.

Pringle said he was not objecting to the overall purpose of the bill, but lawmakers must ensure that crime-fighting legislation is not used in a way that tramples on individual rights.

Barbuda MP Trevor Walker also expressed concern, saying he supported allowing search warrants to be issued and executed on Sundays, but was uneasy about giving police the power to seize items not specifically listed on a warrant.

Walker warned that the provision could open a “Pandora’s box” if not carefully controlled.

He argued that if police have reasonable suspicion that several types of illegal items may be at a location, those items should be included in the warrant before the search is carried out.

Government MPs strongly defended the amendment, insisting that the country must take a zero-tolerance approach to crime.

They argued that police should not be expected to leave behind guns, drugs, stolen goods or other suspected illegal items simply because they were not the original target of a search.

The debate highlighted a wider tension between strengthening police powers and protecting civil liberties, as lawmakers considered how to balance public safety with constitutional safeguards.