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Fingerprints Act to be broadened
published: Friday | February 27, 2004

By Earl Moxam, Senior Gleaner Writer

THE PARLIAMENTARY committee considering the Fingerprints Act has agreed to expand the legislation to cover palm and footprints, in keeping with the wishes of the Jamaica Constabulary Force.

When they appeared before the committee, both Police Commissioner Francis Forbes and the Police Officers' Association advocated the broadening of the definition of fingerprints in keeping with advances in technology.

Another recommendation calling for the inclusion of DNA testing in the legislation, was not accepted as appropriate for the Act.

Dr. Peter Phillips, Minister of National Security, who chairs the committee, said that while the DNA testing was an important investigative tool, it should be placed in separate legislation.

ANOTHER RECOMMENDATION

The committee also accepted another recommendation from the police, that only officers of the rank of superintendent and higher could authorise the fingerprinting of a suspect, with the proviso that "Where there is a sub-officer in charge of a station, not below the rank of an inspector or a sergeant, that person could also be an authorised officer."

Among the more contentious clauses of the bill was the treatment of juveniles, with Opposition Senator Dorothy Lightbourne initialling resisting their inclusion in the bill.

"Juveniles are not usually fingerprinted, no matter how naughty or bad they are," she insisted.

Her colleague, Abe Dabdoub, noted that the justice system "has always treated juveniles differently and perhaps we ought to look at that when deciding how they are treated under the act."

The committee was advised by a representative from the office of the Chief Parliamentary Counsel that the legislation was seeking to provide a further layer of protection for juveniles, requiring that the taking of their fingerprints be carried out only with the consent of the court.

Not swayed by that argument, Senator Lightbourne continued to argue against it.

But Dr. Phillips was equally insistent that juveniles arrested for serious offences, including murder, ought to be fingerprinted "under certain procedures."

He conceded however that, because of their age, they should have the benefit of certain safeguards.

Nevertheless he appealed to his colleagues not to "blind ourselves to the fact that many of these serious crimes are committed by persons in that age range."

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