PM presents anti-crime bills to Parliament

By Cleopatra Murphy

Crime was at the top of the agenda when the House of Assembly resumed yesterday with Prime Minister Hubert Ingraham announcing amendments to several bills with the intent of toughening the country's crime laws.

The prime minister tabled amendments to the Criminal Procedure Code, the Bail Act, the Court of Appeal Act and the Criminal Evidence (Witness Anonymity) Act.

Ingraham said amendments to the Criminal Procedure Code will increase magistrates' sentencing power from a maximum of five years to seven years, increase the time police can hold a suspect for a serious crime from 48 hours to 72 hours and allow courts to hear from victims how they have been impacted by crime for consideration in determining sentencing.

"In addition to matters referenced in my national address on Monday evening, amendments to the Bail Act will require a judge to take certain critical factors into consideration, prior to the grant of bail to a defendant in cases involving the following offences - murder, armed robbery and rape, attempted murder," he said.

Other offences include possession of firearms or ammunition intended to endanger life or cause serious injury to property, possession of firearms with the intent to commit an indictable offence and possession of dangerous drugs with intent to supply.

The prime minister added that offences under the Sexual Offences Act, such as rape, incest and sexual relations with a minor under the age of 14 will also be included and judges will be required to consider issues regarding the seriousness of the offence and the need to protect the victim.

"The amendment provides for magistrates to have no jurisdiction to grant bail in these cases," Ingraham said.

He noted that amendments to the Court of Appeal Act "provides that the prosecution has a right to appeal to the Court of Appeal against a ruling of a judge to uphold a no case submission or to withdraw the case from the jury in criminal trials."

Ingraham noted that the Criminal Evidence (Witness Anonymity) Act was far reaching in its scope and allows in some cases for an anonymous witness to give evidence in a trial.

"It is a special measure of last practical resort. It is considered necessary in circumstances where serious offences cannot be successfully prosecuted because of the real risk of harm to witnesses," the prime minister said.

Ingraham noted that offences that would qualify for the use of an anonymous witness would include murder, mans-laughter, armed robbery, rape, offences under the Dangerous Drugs Act, Anti-terrorism Act, or Trafficking in Persons (Prevention and Suppression) Act.

The prime minister also tabled amendments to the Penal Code, noting that courts have decided that the death sentence is not mandatory for murder.

"The amendment seeks to ensure that the death penalty remains an option in those cases that are considered sufficiently vile to warrant it," he said.

Crimes that could warrant the death penalty Ingraham said include murder of police or other law enforcement officials, persons critical to the judicial system such as witnesses, jurors, judicial officials, prosecutors, a murder in furtherance of robbery, rape, kidnapping, terrorism or other felonies, multiple murders and contract killings.

Ingraham noted that the most egregious murders would be punishable by death or imprisonment for life, stating that life imprisonment is the remaining years of a convict's life.

Ingraham said the Evidence Act would allow the use of live television links to receive evidence from persons who are unable to physically attend a court case.

Amendments to the Sexual Offences Act will now see a person convicted of rape serving 15 years to life in prison Ingraham said.

"The Pawnbrokers and Second-hand Dealers Bill and Customs Management (Ame-ndment) Bill seeks to address the challenges being experienced as a result of the unregulated 'cash for gold' and 'scrap metal' businesses by providing a regulatory regime to protect legitimate businesses whilst maintaining safeguards for the public," the prime minister said.

He noted that dealers would be prohibited from trading firearms.

Ingraham also tabled amendments to the Firearms Act, Dangerous Drugs Act, Road traffic Act and the Freedom of Information Act.

The Freedom of Information Act will allow the public to access information held by public authorities with the exclusion of certain governmental, commercial or personal information.

For more information on these matters, please call our office at 305 548 5020.


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