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Crime bills face strong opposition
published: Wednesday | September 17, 2008
FORMER PRESIDENT of the Jamaican Bar Association and attorney at law, Arlene Harrison Henry, has come out strongly against a proposal to detain persons for 60 days, who allegedly commit certain serious offences, under a proposed new anti-crime bill.
Speaking yesterday with The Gleaner, Harrison Henry charged that the proposed bill intended to impose punishment before trial and before conviction.
Similar comments were made by executive director of Jamaicans for Justice, Dr Carolyn Gomes, who warned that some of the six crime bills now before Parliament were "deleterious to human rights".
Harrison Henry argued that the provisions in the bill titled: "An act to make interim provision in relation to the grant of bail in specified circumstances" would give effect to a mandatory period of imprisonment for at least 60 days, only by virtue of being charged for a specified offence.
"The proposed bill violates the constitutional presumption of innocence and is contrary to the rule of law," she insisted.
The attorney also said the legislature was seeking to confer on the executive arm of government a right to exercise judicial function, contrary to the enshrined principle of the separation of powers. She pointed out that the separation of powers was inherent in the structure of the Constitution.
Gomes rejected provisions in the interim bill that would detain persons suspected of committing a serious crime for 60 days before bail is granted. "The Bail Act extends down to things like dealing in ganja where you will be denied bail for 60 days," she said.
Legal officer for the Independent Jamaican Council for Human Rights (IJCHR), Nancy Anderson, suggested that the Government concentrate on more proactive measures to deal with the pressing crime problem.
Relevant
The six crime bills only become relevant after the police take a person into custody, Anderson argued, adding: "I don't really believe that that is where our efforts need to be, the level of investigation needs to be improved tremendously."
Emphasising the need for the police to improve their crime fighting techniques and investigative skills, the IJCHR legal officer said less than 30 per cent of crimes committed in Jamaica had been solved.
Meanwhile, during the first meeting of a joint select committee of Parliament to examine six anti-crime bills, committee member K.D. Knight questioned why one of the measures stipulated a 60-day detention period before bail could be granted.
The bill was drafted from Trinidad and Tobago legislation. "I don't think you can just pluck something from another territory and justify that becoming a part of our legislation," Knight stated. However, Government Senator Laurie Broderick said the legislation was guided by the experience of the Jamaica Constabulary Force. "Surely, the time that it takes to investigate is not plucking a figure," he said in response to Knight's assertion.
http://www.jamaica-gleaner.com/glean...ead/lead9.html
published: Wednesday | September 17, 2008
FORMER PRESIDENT of the Jamaican Bar Association and attorney at law, Arlene Harrison Henry, has come out strongly against a proposal to detain persons for 60 days, who allegedly commit certain serious offences, under a proposed new anti-crime bill.
Speaking yesterday with The Gleaner, Harrison Henry charged that the proposed bill intended to impose punishment before trial and before conviction.
Similar comments were made by executive director of Jamaicans for Justice, Dr Carolyn Gomes, who warned that some of the six crime bills now before Parliament were "deleterious to human rights".
Harrison Henry argued that the provisions in the bill titled: "An act to make interim provision in relation to the grant of bail in specified circumstances" would give effect to a mandatory period of imprisonment for at least 60 days, only by virtue of being charged for a specified offence.
"The proposed bill violates the constitutional presumption of innocence and is contrary to the rule of law," she insisted.
The attorney also said the legislature was seeking to confer on the executive arm of government a right to exercise judicial function, contrary to the enshrined principle of the separation of powers. She pointed out that the separation of powers was inherent in the structure of the Constitution.
Gomes rejected provisions in the interim bill that would detain persons suspected of committing a serious crime for 60 days before bail is granted. "The Bail Act extends down to things like dealing in ganja where you will be denied bail for 60 days," she said.
Legal officer for the Independent Jamaican Council for Human Rights (IJCHR), Nancy Anderson, suggested that the Government concentrate on more proactive measures to deal with the pressing crime problem.
Relevant
The six crime bills only become relevant after the police take a person into custody, Anderson argued, adding: "I don't really believe that that is where our efforts need to be, the level of investigation needs to be improved tremendously."
Emphasising the need for the police to improve their crime fighting techniques and investigative skills, the IJCHR legal officer said less than 30 per cent of crimes committed in Jamaica had been solved.
Meanwhile, during the first meeting of a joint select committee of Parliament to examine six anti-crime bills, committee member K.D. Knight questioned why one of the measures stipulated a 60-day detention period before bail could be granted.
The bill was drafted from Trinidad and Tobago legislation. "I don't think you can just pluck something from another territory and justify that becoming a part of our legislation," Knight stated. However, Government Senator Laurie Broderick said the legislation was guided by the experience of the Jamaica Constabulary Force. "Surely, the time that it takes to investigate is not plucking a figure," he said in response to Knight's assertion.
http://www.jamaica-gleaner.com/glean...ead/lead9.html
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