ABSTRACT
In the Commonwealth Caribbean jurisdictions, the existing system of criminal justice is the adversarial system. In essence this involves pitting two advocates against each other in a trial where evidence, having been gathered by the police or the defence counsel as the case may be, is presented and tested. At an indictable trial in the High Court, the prosecution is always represented by counsel and the defendant usually is. After the accused person is arraigned, if he pleads not guilty, a jury is selected and empanelled to try him. It is the role of the jury to determine issues of fact. The judge determines issues of law including admissibility of evidence. He also rules on any submissions made by either counsel. After the defendant is put in the charge of the jury, the judge invites the prosecutor to begin. This he does by opening his case with a short address to the jury.
