The Independent Jamaican Council on Human Rights (IJCHR) has urged the Government and Opposition to reconsider legislation passed in Parliament this week, which will make open voting an offence that will attract a minimum fine of $20,000 and five years imprisonment.

"It leaves the judge with no discretion to be able to fit the punishment to the individual or the circumstances," said Nancy Anderson, IJCHR legal officer.

She added: "Judges - not legislators, prosecutors or defence counsel - should determine appropriate sentences based on the facts of each case they consider."

Wide variety of circumstances

According to Ms. Anderson, the legislation fails to allow for the wide variety of circumstances that may lead to the commission of the offence, as well as the varied situations in which persons may find themselves.

Ms. Anderson noted that mandatory sentences shift control over sentencing from the judiciary to the legislature.

She said: "Mandatory sentences undermine the well established principle of the administration of justice, that it is the function of judges to ensure that punishment takes into account the nature of the crime, the circumstances of the offender and the situation in which the offence was committed."