Jess calls for judicial discretion amid Govt’s proposed 20-year minimum gun sentence
Opposition Spokesperson on Justice, Zuleika Jess, has expressed strong reservations about the National Security Council’s recommendation to increase the mandatory minimum sentence for illegal possession of firearms from 15 years to 20 years, arguing that the proposal was made “without adequately addressing the legislation’s flaws.”
While reaffirming the Opposition’s commitment to removing illegal firearms from Jamaica’s streets and aggressively dismantling criminal enterprises, Jess warned that the government’s approach relies heavily on public relations headlines rather than operational logic.
In a release, she said the Opposition is formally calling for the inclusion of an “exceptional circumstances clause” within the law, which would restore judicial discretion and empower judges to consider mitigating factors and the peculiar circumstances of each individual case.
“Simply moving the goalposts from 15 to 20 years does nothing to solve the deeper operational crisis this legislation has created,” Jess said. “The existing rigid, ‘one-size-fits-all’ framework has completely paralysed plea bargaining in our legal system. When individuals face an unyielding, severe baseline sentence with absolutely no incentive to plead guilty early, they choose to take their chances with a full trial. This total freeze on plea negotiations has caused a backlog in our Courts and delayed justice for victims of violent crime.”
The Opposition highlighted that legal stakeholders, including the Jamaican Bar Association and the Advocates’ Association of Jamaica, have consistently raised alarms over how stripping judges of judicial discretion harms the efficiency of the courts.
The release argued that by raising the mandatory minimum even further without, it said, a safety valve like an exceptional circumstances clause, the government risks “exacerbating the backlog and forcing an unmanageable caseload onto an already strained judiciary.:
Jess added: “Judges must not be reduced to rubber stamps. An exceptional circumstances clause is vital to ensure our justice system can distinguish between a hardened, violent gang leader and someone operating under severe duress, coercion, or highly unusual mitigating factors. True justice requires context, not blind arithmetic.”
While welcoming distinct, targeted legislation aimed at penalising predatory adults who groom children to carry firearms, Jess emphasised that comprehensive crime fighting requires systemic balance, operational functionality, and constitutional soundness.
The Opposition said it continues to call for a balanced, bipartisan approach that heavily penalises violent gun criminals while preserving judicial independence, protecting rights, and ensuring the swift execution of justice within the Jamaican court system.