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TOUGH!
Gov't announces harsh penalties in new assault on crime
BALFORD HENRY, Observer writer balfordh@jamaicaobserver.com
Wednesday, July 23, 2008

Prime Minister Bruce Golding outlining the new crime-fighting measures in the House of Representatives yesterday. (Photo: Bryan Cummings)

PRIME Minister Bruce Golding yesterday promised tough new legislative measures to reduce crime, including a minimum 10-year sentence for gun crimes.

"It is proposed to introduce legislation to specify that, on conviction for serious gun crimes, a person shall not be eligible for parole before 10 years," Golding told the House of Representatives, in a statement outlining the measures agreed to by the Government and the Opposition in previous bipartisan discussions.

"The legislature has the right to signal to the court the firmness of its intention that serious crimes must attract serious punishment," Golding told the House.

Other initiatives announced by the prime minister in the administration's anti-crime fight included extended detention of criminal suspects for up to 72 hours, under certain conditions; denial of bail for persons charged with serious crimes for up to 60 days; and provisions for a majority of nine jurors out of 12 to decide on non-capital murders.

In addition, the police will be given access to restricted information from state agencies, in specified circumstances; and there will also be the use of DNA for evidences; and provisions allowing testimony from secure and remote locations.

Prime Minister Golding said that police officers up to the rank of assistant commissioner would be allowed to authorise detentions of up to 72 hours, prior to an appearance before a resident magistrate, instead of the current 24 hours, in cordoned or curfewed areas and in cases where the suspect is believed to be involved in criminal activity within the locality.

The restrictions on bail would allow for the denial of bail to persons charged with murder, treason, serious firearm offences, arson or extortion, as well as those with previous convictions for drug trafficking, kidnapping, sexual offences and intimidation of witnesses. He said that provision would also be made for the prosecution to have the right to appeal the granting of bail, or seek a stay of execution, pending an appeal hearing.

"Up to the middle of July, there were 316 persons on bail who had been charged with gun offences. Of this number 186 had previous convictions for gun offences. Since 2003, there were 1,384 persons with previous gun offences who had been granted bail," Golding said, in justifying the bail proposals.

In terms of non-capital murder convictions, he said that it is proposed to amend those provisions to allow for a majority verdict of not less than nine jurors out of 12. A unanimous verdict is currently required in murder cases.

On the proposal to allow the police access to restricted information from other state agencies, Golding said it is proposed to allow the commissioner of police, the chief of staff of the Jamaica Defence Force (JDF), or an officer designated by either of them, to apply to a judge in chambers for authorisation to obtain information from these agencies in criminal investigations.

In addition, he said that it has been proposed to allow for the taking of non-invasive DNA samples and to establish a DNA database for access to and use of the samples, while the person will be able to obtain a copy of the DNA profile.

In terms of the provisions for witness testimony, he said the proposal is to amend the Evidence Act to provide for the giving of evidence and cross- examination of vulnerable witnesses from secure and remote locations; the use of videotaped witness statements; and video-linked testimony for accused persons from remand centres.

NEW ANTI-CRIME MEASURES INCLUDE:

. Minimum 10 years for gun crimes.
. Criminal suspects can be detained for 72 hours.
. Denial of bail for serious crimes for up to 60 days.
. Majority of nine jurors of 12 can decide on non-capital murder.
. Police to get access to restricted information.
. Use of DNA evidence.
. Testimony from secure and remote locations.


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