JUSTICE Minister Delroy Chuck on Wednesday voiced disappointment with the protest action taken by members of the defence bar to show discontent with the 2022 Firearms Act, but said it is hoped that a meeting scheduled for 2:00 pm today will help stave off further plans by the attorneys to abandon the courts all of next week if their demands are not met.

“I am really disappointed that members of the Jamaican Bar Association and the Advocates’ Association have taken the action today by demonstrating around the Supreme Court. On Sunday, September 13 during the Assize service I indicated that the matter was under consideration and told the association that I was prepared to meet with them,” the justice minister said.

In referencing the pending meeting today, he said the “government is very concerned about the prevalence of gun crimes and the need to protect law-abiding citizens of this country but remains open to dialogue on the Firearms Act 2022”.

Wednesday, members of the Jamaican Bar Association and the Advocates’ Association in association with bar associations across the island, armed with placards, demanded that their concerns about the Firearms (Prohibition, Restriction and Regulation) Act, 2022 and its impact on “justice, due process, and the rule of law” be taken on board for reform.

The protest came just over a week after the justice minister’s comments at the annual Assize Service of the judiciary. Chuck, in his statements which evoked inflamed commentary from several quarters, said while the mandatory minimum sentences contained in the provision were being reviewed because of widespread concerns, “the security forces and a number of my colleagues feel that the Act is working and it is bringing down murders and shootings”.

“It is under consideration, but firearms are a major problem in our country, and that is why we don’t want to send a signal that we are going to relent on the enforcement to condemn the possession and the use of firearms. But it is under consideration,” the justice minister said then.

A week later, Saturday, September 19, members of Jamaica’s legal profession met to consider what they described as “the operation and impact of the Firearms (Prohibition, Restriction and Regulation) Act, 2022, particularly its mandatory sentencing provisions and the restrictions placed on judicial discretion”.

In a statement issued following that meeting, the attorneys said, “The legal profession 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.”

Senior defence attorneys Peter Champagnie, King’s Counsel; (left), Pierre Rogers, King’s Counsel; and Jacqueline Cummings stand in support with colleague members of the Jamaican Bar Association and the Advocate’s Association who on Wednesday led a silent protest outside the Supreme Court on King Street in downtown Kingston to register their discontent with several provisions under the 2022 Firearms Act. At right is attorney Tamika Harris, a member of the Bar Council of the Jamaican Bar Association and chair of its Criminal Practice and Procedure Subcommittee who was a key figure behind the protest. (Photo: Karl Mclarty)

The Firearms (Prohibition, Restriction and Regulation) Act, 2022, which prescribes a mandatory 15-year sentence for violations, took effect in November 2022 and, among other things, provides penalties ranging from 15 years to life imprisonment for possession of illegal weapons, and establishes a dual regime — distinguishing between prohibited weapons or unregulated firearms and connected activities and firearms that are duly authorised or registered.

According to the advocates, their meeting on Saturday “identified several areas of serious concern, including the restriction of judicial discretion; 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”.

“The legal profession is calling 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. The profession also calls for urgent, structured consultation with the Government, Opposition, Parliament, judiciary, and other relevant stakeholders on the proposed amendments,” the attorneys said in that statement.

Noting that the “concerns are not new” as members of the legal profession and civil society have “written, spoken publicly and proposed amendments”, the professionals said “the time has now come for action”.

They said following those extensive discussions, the meeting resolved to pursue collective action, including a silent protest outside the Supreme Court on Wednesday, September 23 followed by the withdrawal of legal services from criminal courts for one week commencing Monday, September 28.

Wednesday’s protest action was, however, not sanctioned by all segments of the defence bar, with some attorneys voicing discontent over the method employed.

One attorney, in a biting commentary on a social media platform, said while he understood the reason for the concern, professional associations are expected to maintain a high level of discourse without resorting to making public spectacles.

Yesterday, attorney Tamika Harris, a member of the Bar Council of the Jamaican Bar Association and chair of its Criminal Practice and Procedure Subcommittee who was a key figure behind the protest, said the meeting this afternoon will inform the posture of defence attorneys in the island’s courts next week.