News

THE SIGNATURE of Governor General Sir Patrick Allen is soon to be applied to the six anti-crime bills paving the way for the enactment of the legislative measures crafted in response to the serious crime problem facing the country.

Last Friday the Senate passed the controversial bills following the approval of the proposed statutes by the House of Representatives on June 22.

The bills had a rocky ride in both houses as opposition lawmakers were reluctant to give the green light to some of the bills pointing to what they believed were infringements of the fundamental rights of Jamaicans.

Despite stubborn resistance from opposition legislators, Government with its majority pushed through the bills arguing that they were necessary tools in the fight against organised crime in Jamaica.

The following are outlines of the bills and the outcomes they are intended to achieve.

A BILL ENTITLED

An act to Amend the Bail Act

Short Title - the Bail (Amendment) Act, 2010.

Memorandum of objects and reasons

The Bail Act has been amended to:

Provide in the case of specified offences for the onus to be on the defendant to satisfy the court that bail should be granted

Confer upon the prosecution, a right of appeal in cases where bail is granted by a court.

This bill seeks to give effect to that decision and is a companion to other proposed legislation aimed at reducing crime.

1. This act may be cited as the Bail (Amendment) Act, 2010.

The new bill shall be read as one with the Bail Act (hereinafter referred to as the principal Act)

2. Section 3 of the principal Act is amended by inserting subsection (4A) after subsection (4)

Subsection (4A) states: "Bail shall be granted to a defendant in relation to an offence specified in the Second Schedule, only if the defendant satisfies the Court that bail should be granted."

Offences requiring special provision for the grant of bail

1. Murder

2. Some offences under the Treason Felony Act

3. Arson of a dwelling house

4. Extortion

5. Offences under the Firearms Act, namely:

(a) Importation, exportation and transhipment of firearms or ammunition

(b) Manufacture or dealing in firearms or ammunition or prohibited weapons

(c) Acquisition or disposal of firearms or ammunition or prohibited weapons

(d) Possession of firearms or ammunition, restricted or prohibited weapons

(e) Possession of firearms or ammunition with intent to injure

(f) Use or possession of firearm or imitation firearm in certain circumstances

6. Offences under the Offences Against the Person Act, namely:

(a) Conspiring or soliciting to commit murder

(b) Administering poison or wounding with intent to murder

(c) Destroying or damaging building with intent to murder

(d) Setting fire to ship, etc. with intent to murder

(e) Attempting to administer poison, etc. with intent to murder

(f) By other means attempting to commit murder

(g) Shooting or attempting to shoot or wound with intent to do grievous bodily harm

7. Certain offences under the Dangerous Drugs Act, namely:

(a) Import and export of raw opium and coca leaves

(b) Cultivation of opium or coca leaves

(c) Import or export of prepared opium

(d) Manufacturing, selling, using, etc. prepared opium

(e) Import or export of ganja

(f) Cultivation, selling or dealing in or transporting ganja

(g) Import or export of cocaine or other applicable drug

(h) Cultivating, selling or dealing in or transporting cocaine, or other applicable drug

(i) Manufacture and sale of cocaine, or other applicable drug

A BILL ENTITLED

An act to make interim provision in relation to the grant of bail in specified circumstances

Short title - The Bail (Interim Provisions for Specified Offences) Act, 2010.

This act shall continue in force for a period of one year.

At the time of its expiration, the bill can be extended by resolution of both the Upper and Lower Houses of Parliament.

Memorandum of objects and reasons

The memorandum of objects and reasons indicates that a decision has been made to temporarily provide in relation to the Bail Act that a person charged with any offence to include murder, gun and drug-related crimes and has a previous conviction for another serious specified offence, as set out in the legislation, shall be entitled to bail only after the expiration of a period of 60 days. This begins on the date on which the person is first charged. Bail can be granted if the person satisfies the court that he or she should be released on bond.

The 60-day period in custody is subject to the right of the person so held to be brought before the court after seven days and thereafter at 14-day intervals at which time the court reviews the question of whether the person should continue to be held in custody or bail be considered.

A BILL ENTITLED

An act to make interim provision extending the powers of arrest and detention under sections 5OB and 50F of the Constabulary Force Act

Short Title - The Constabulary Force (Interim Provisions for Arrest and Detention) Act, 2010.

This Act shall continue in force for a period of one year.

At the time of its expiration, the bill can be extended by resolution of both the Upper and Lower Houses of Parliament.

Memorandum of objects and reasons

Part IIA of the Constabulary Force Act sets out special powers for preventing or detecting crime, including the power of the Commissioner of Police to establish a cordon, and impose a curfew, in any locality where it appears to him that there is reasonable ground to believe that, in the interest of public safety or public order, or for the purpose of detecting crime, it is necessary so to do.

Because of the current level of crime, a decision has been made to temporarily extend the provisions of sections 50B and 50F of the Constabulary Force Act so as to:

Provide for the arrest and detention of a person outside of the locality in which the special cordon and curfew powers are being exercised. This can occur if a divisional commander, area commander or a member of the Force, not below the rank of assistant commissioner, is satisfied that there is reasonable ground for suspecting that the person is, or has been or is about to be involved in the commission of a criminal offence in the locality.

Increase, from 24 - 72 hours, the period for which a Justice of the Peace may, if satisfied that the detention or arrest of any person is reasonably required in the interest of justice, order that person, notwithstanding the provisions of section 22 of the Bail Act, to be remanded in custody before being released or taken before a Resident Magistrate.

Section 22 of the Bail Act states:

Where a person who is arrested or detained is not charged within 24 hours after such arrest or detention, he shall be brought forthwith before a Resident Magistrate or a Justice of the Peace who shall order that the person be released or make such other order as the Resident Magistrate or the Justice of the Peace thinks fit.

A BILL ENTITLED

An act to Amend the Firearms Act

Short Title - The Firearms (Amendment) Act, 2010.

Memorandum of objects and reasons

The Firearms Act has been amended to provide for a minimum sentence of 15 years for a person convicted before the circuit court of any of the following offences:

Contravention of restriction on importation, exportation and transhipment of firearms and ammunition.

Contravention of restriction on manufacture and dealing in prohibited firearms and ammunition

Contravention of restrictions upon purchase, acquisition, sale or transfer of a prohibited weapon

Possession of firearm or ammunition with intent to injure

Use and possession of firearm or imitation firearm in certain specified circumstances

This bill seeks to give effect to that decision, which is intended to emphasize the serious nature of those offences, and is a companion to other proposed legislation aimed at reducing crime.

A BILL ENTITLED

An act to Amend the Offences Against the Person Act

Short Title - The Offences Against the Person (Amendment) Act, 2010.

Memorandum of objects and reasons

The Offences Against the Person Act has been amended to provide for a minimum custodial sentence of 15 years for a person convicted before the circuit court of any of the following offences under section 20 of the Act, namely:

Shooting with intent to do grievous bodily harm or with intent to resist or prevent the lawful apprehension or detainer of any person

Wounding with intent, with use of a firearm.

A BILL ENTITLED

An act to Amend the Parole Act

Short Title - The Parole (Amendment) Act, 2010.

Memorandum of objects and reasons

The Parole Act has been amended to provide that persons who have been sentenced to imprisonment for life, or for a period of 15 years or more, for specified firearms offences shall not be eligible for parole until after having served a period of not less than ten years of the sentence.