Legal fraternity to stage silent protest over Firearms Act

Jamaica’s legal fraternity will gather outside the Supreme Court on Wednesday to stage a silent protest, demanding immediate amendments to the country’s Firearms Act over strict mandatory sentencing laws.

Legal groups and civil rights advocates have long criticised the law’s mandatory sentencing rules, arguing that they strip judges of the power to determine appropriate punishments.

In a release on Tuesday, the organisers noted that the shift towards public demonstration was sparked by a comprehensive review of the law during a meeting last Saturday, which highlighted the severe consequences the strict mandates have had on the court system.

The legal profession insisted that it “supports strong and effective laws to combat gun violence and punish those who use illegal firearms to murder, rob, terrorise and intimidate our citizens. Our concern is not with strong penalties. Our concern is with a sentencing regime that does not adequately allow judges to distinguish between offenders, offences and individual circumstances,” the lawyers said.

In addition to the restriction of judicial discretion, the lawyers highlighted the proportionality of mandatory minimum sentences in individual cases; the diminished incentive for early guilty pleas; the resulting increase in matters proceeding to trial and pressure on an already burdened criminal justice system; the treatment of imitation firearms; and the consequences of certain provisions for licensed firearm holders as areas of serious concern.

Against that background, the legal profession has again called for “urgent amendments to the Act, including consideration of an ‘exceptional circumstances’ provision allowing judges appropriate discretion in deserving cases, meaningful sentencing incentives for early guilty pleas, reform of the certificate regime, and a review of the provisions governing imitation firearms and licensed firearm holders.”

Following Wednesday’s silent protest, the dispute is set to escalate next Monday when lawyers launch a week-long strike, completely withdrawing their services from criminal courts.

The fraternity says appropriate notice and guidance will be given to all stakeholders and that it will ensure that arrangements are made to minimise prejudice to accused persons, victims, witnesses and other court users during the period of action.

“This action is not directed at the Judiciary, nor is it a call for weaker firearm laws. It is a call for Parliament to urgently address legislation which members of the legal profession believe is having serious consequences for fairness, proportionality and the efficient administration of justice. Jamaica can be tough on gun crime without abandoning judicial discretion, proportionality and fairness,” the legal profession stressed.

“The legal profession therefore calls upon the Government, Opposition and Parliament to engage urgently and meaningfully with the profession and other stakeholders on the necessary amendments to the Firearms Act. We have written. We have spoken. We have proposed amendments. Now we are taking action.”

- Karen Madden

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