BASSETERRE, Saint Kitts – On June 11, 2026, the National Assembly of Saint Kitts and Nevis advanced a key piece of justice system reform with the passage of the Evidence (Amendment) Bill 2026, a legislation that has earned vocal, full-throated support from ruling party MP and Tourism Minister Marsha Henderson.
Sponsored by Attorney General and Minister of Justice and Legal Affairs Garth Wilkin, the bill targets long-overdue updates to the nation’s legal framework governing the collection and use of DNA evidence in criminal proceedings. Beyond modernizing outdated regulations, the legislation enshrines new critical safeguards designed to uphold core judicial principles: trial fairness, individual privacy protection, judicial independence, and adherence to due process of law.
Henderson, who previously built her career as a criminal defence attorney, brought on-the-ground professional perspective to her endorsement of the reform. She emphasized that properly regulated DNA evidence stands as one of the most powerful tools available to modern criminal justice systems, with dual benefits for both sides of adversarial proceedings. “DNA can move the prosecution forward to secure a conviction when guilt is clear, but it is equally critical for eliminating wrongful suspicion and clearing innocent people who have been wrongfully tied to a crime,” Henderson explained in remarks to the National Assembly. “That is why our laws must guarantee every step of DNA evidence handling—from collection to courtroom presentation—is done properly, transparently, and fairly.”
The core provisions of the amendment center on expanding rights protections for individuals who interact with the criminal justice system through DNA sampling. Under the new rules, all individuals must be fully informed of their rights before providing a sample: they must be told what type of biological sample law enforcement is seeking, the purpose for collecting it, how it will be used in evidence, and the legal ramifications if they refuse to comply.
Additional guardrails rein in overreach by law enforcement. Police can no longer compel DNA sampling on demand; instead, all requests for compelled samples must be justified to and approved by an independent judicial officer. The legislation also restricts the use of collected DNA: samples may generally only be used for the investigation or prosecution of the specific offense they were collected for, related proceedings stemming from the same incident, or other uses explicitly authorized by a court order. For individuals who are acquitted, receive a police caution, or are never prosecuted, the bill mandates that all DNA samples and associated test records must be destroyed as soon as practically possible, with exceptions only for active pending appeals or related ongoing proceedings.
Addressing the National Assembly speaker, Henderson framed the reform as a balanced, much-needed update to Saint Kitts and Nevis’ justice system. “As a former defence counsel, I stand behind this bill because it strengthens the rule of law without eroding the fundamental rights of accused people,” she said. “It makes criminal investigations more effective, and it makes the process fairer. It aids prosecution’s work to secure just outcomes, and it protects the rights of the defence. It modernizes how we handle DNA evidence, and it enshrines non-negotiable requirements of judicial oversight, full disclosure, proportional use of state power, privacy, and clear communication with defendants. This is exactly the kind of thoughtful reform our justice system needs.”
This report is based on a press release from the St. Kitts and Nevis Information Service (SKNIS) published June 12, 2026.