Senator Malaka Parker Calls for Comprehensive Reform of Search Warrant Laws to Strengthen Justice, Accountability and Public Confidence

St. John’s, Antigua – Opposition Senator Malaka Parker has called on the Government to undertake a comprehensive reform of Antigua and Barbuda’s laws governing search warrants, searches and seizures, arguing that stronger procedural safeguards and clearer statutory guidance will improve criminal investigations, enhance public confidence and better protect both police officers and citizens. She told the Senate on Monday that the laws governing search warrants are actually spread out across several statutes including the Constitution of Antigua and Barbuda, which has clear restrictions on arbitrary searches and unlawful breach of privacy rights.

Speaking during debate on the Magistrate’s Code of Procedure (Amendment) Bill, 2026, Senator Parker said the Opposition supports equipping law enforcement with effective investigative tools to combat crime, but warned that expanding police powers without equally strengthening procedural safeguards risks undermining the administration of justice.

“The proposed amendment is not just an administrative change, nor does it clarify the law. In fact, it may have made the law more murky”

She cautioned that the answer to crime is not simply broader police powers. The answer is better policing, better laws, better training and greater accountability.

Senator Parker noted that the Bill broadens the circumstances in which search warrants may be issued by extending them to any offence, and expand policy powers to take items not in the scope of the warrant just based on a suspicion that it may be evidence. Parker argued that the common law precedent giving police the right to seize contraband that is in clear view was reasonable and defined but the broad language of this bill could run a foul on rights of citizens and the need for police powers to be tempered by judicial oversight but leaves many critical aspects of the warrant process undefined.

She argued that Antigua and Barbuda should move towards a single comprehensive statutory code governing every stage of the search warrant process, including:

•⁠  ⁠applications for search warrants;
•⁠  ⁠judicial oversight;
•⁠  ⁠execution of warrants;
•⁠  ⁠seizure of property;
•⁠  ⁠treatment of electronic devices and digital evidence;
•⁠  ⁠inventories and receipts for seized items;
•⁠  ⁠reporting obligations to the issuing Magistrate;
•⁠  ⁠retention and return of property; and
•⁠  ⁠protection of legally privileged and confidential material.

Parker cautions that the courts throughout the region had continuously leaned towards more restrictive powers and scope of warrants and she laid a number of case precedents before her colleagues demonstrating that constitutional challenges had been successful even here in Antigua and Barbuda. “A search warrant is one of the most intrusive powers the State can exercise. It permits entry into a person’s home, business or private premises. Such powers must always be accompanied by clear legal safeguards that protect both the integrity of investigations and the constitutional rights of citizens, she cautioned.

Senator Parker pointed to modern Commonwealth jurisdictions such as England and Wales, where search warrants are governed not only by legislation but also by detailed statutory codes of practice that regulate police conduct before, during and after the execution of a warrant.

“Good legislation does not simply tell the police what they may do. It also tells them what they must do.”

She stressed that stronger procedural safeguards would also benefit law enforcement officers.

“Properly codified procedures protect honest police officers from allegations of misconduct, preserve the integrity of evidence, and reduce the likelihood that criminal cases collapse because of procedural errors or abuse of process.”

The Senator rejected any suggestion that rising crime is the result of insufficient search warrant powers.

“The challenge facing our justice system is not that Magistrates are unwilling to issue warrants or that the law lacks investigative powers. The challenge is ensuring that our police service has the resources, specialised training, forensic capacity, digital investigative tools and clear operational procedures necessary to conduct lawful and effective investigations.”

She warned that building a narrative that because legislators want conscientious legislation means they are against the police or that they support criminals. 

“Too often, defendants do not succeed because they are innocent. They succeed because evidence has been improperly obtained, procedures have not been followed, or constitutional safeguards have been ignored. Every time that happens, public confidence in the justice system suffers.”

“Our objective should not be to choose between protecting individual rights and protecting public safety. A mature democracy does both. Strong police powers and strong legal safeguards are not competing principles—they are complementary principles that strengthen the rule of law.”

Senator Parker concluded by calling for broader criminal justice reform focused on institutional capacity rather than simply expanding statutory powers.

“We should invest in training, forensic science, digital investigation, modern case management and clear professional standards. That is how we improve conviction rates, reduce successful procedural challenges and build lasting public confidence in our justice system. 
The rule of law is strengthened not by giving the State unchecked power, but by ensuring that every exercise of power is lawful, transparent and accountable.”

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