Fi We Children joins call for changes to Firearms Act mandatory sentences

The Fi We Children Foundation (FWCF) is adding its voice in the call for amendments to Jamaica’s Firearms (Prohibition, Restriction and Regulation) Act, 2022, particularly provisions imposing mandatory minimum sentences.

The foundation has joined the Jamaica Bar Association and the Advocates’ Association of Jamaica in raising concerns about the impact of the mandatory sentencing regime, especially on children who come into conflict with the law.

FWCF says mandatory minimum sentences can limit a judge’s ability to consider the individual circumstances of a case, including a child’s age, vulnerability, role and personal circumstances.

The foundation is particularly concerned about cases involving “possession simpliciter”, where a person is found with a firearm but there is no evidence that the weapon was used or discharged, or that the person was involved in a wider firearm-related offence.

FWCF said the issue could be particularly significant where children are influenced or directed by adults.

It cited the example of a 15-year-old who is instructed by an older person to hide or store a firearm in a tenement yard and is subsequently found in possession of it.

The foundation said in such circumstances, the court should be able to consider how the child came into possession of the firearm, the influence of adults, the child’s age and the extent of the child’s involvement.

FWCF also expressed concern about the Government’s position that accused people can provide information to law enforcement in exchange for consideration of their sentences.

Justice Minister Delroy Chuck has pointed to that provision as one way the law allows for consideration in sentencing.

However, FWCF said the approach does not adequately address the realities facing children who may fear retaliation against themselves or their families if they provide information to the police.

The foundation is also concerned about children who plead guilty to firearm offences.

It said a mandatory 15-year sentence before consideration of parole would mean a substantial part of a child’s development could be spent in custody.

FWCF said this raises child-rights concerns and cited the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, which state that detention should be used only as a measure of last resort and for the minimum necessary period.

The foundation is therefore calling for age-appropriate sentencing, greater judicial discretion and consideration of the individual circumstances of children as part of any review of the Firearms Act.

The call comes as defence lawyers prepare for a boycott of Jamaica’s courts, beginning Monday.

The lawyers are protesting mandatory minimum sentences, including the 15-year minimum for certain firearm offences.

The Advocates’ Association and Jamaica Bar Association have expressed dissatisfaction with a meeting with Chuck last Thursday, saying it failed to produce a timeline for amendments to the legislation.

The lawyers also argue that greater judicial flexibility could help judges consider the circumstances of individual cases and that the current system may discourage guilty pleas and contribute to the backlog in the Gun Court.

The lawyers staged a silent protest outside the Supreme Court last week Wednesday, and met with the justice minister on Thursday.

Chuck has described his meeting with the lawyers as cordial and said both sides agreed to submit joint proposals for changes to the Firearms Act early next week.

The Government has maintained that the legislation is under review, while stressing that firearms remain a major problem in Jamaica.

FWCF said it recognises the serious threat posed by guns and gun violence but believes efforts to address the problem must also uphold due process and the rights of children.

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