New measures to arrest crime in Jamaica

KINGSTON, Jamaica, CMC - Prime Minister Bruce Golding Tuesday outlined a series of new measures, including extending the period in which a person could be held without being charged, as the Jamaica government sought to deal with the rising crime situation that has so far led to the death of more than 900 persons this year.

Golding told Parliament that while steps have already been taken by his seven-month-old administration to stem the crime wave, more needs to be done.

"The period for which a person can be detained on reasonable suspicion, and in the interest of public safety and public order and for the purpose of preventing or detecting crime, before being taken before a resident magistrate will be extended from 24 hours to 72 hours," he said.

The prime minister said that the detention would have to be authorised by a police officer at the rank of Assistant Commissioner and would only be done within an area that is the subject of a cordon or curfew order, or if a person suspected of being involved in criminal activity is in that particular area.

Golding also announced that the Bail Act would be amended to ensure those charged with certain crimes are denied bail for a 60-day period.

"A person charged with a serious crime shall not, for a period of 60 days, be granted bail if that person is charged for murder, treason, serious firearm offences, arson of a dwelling house or extortion," Golding said.

In instances where that person has had a previous conviction for other specified offences, particularly drug trafficking, kidnapping, sexual offences, intimidation of witnesses or persons convicted of judicial proceedings, Golding said that "in some jurisdictions the mantra is three strikes and you are out, we are proposing two strikes and you are in".

Golding said that while legislation prescribes maximum sentences it would now be within the discretion of the judge to determine the sentence to be imposed in each particular case.

"It is proposed to introduce legislation to specify that on conviction for serous gun crimes a person shall not be eligible for parole before 10 years," he said.

Golding added that other measures would include amending the existing legislation to allow for the acceptance of a majority verdict in the case of non-capital murder.

"Such a majority must not be less than nine out of 12. The requirement for a unanimous verdict in the case of capital murder where the ultimate sentence is death will be retained," he explained.

Concerning access to restricted information held by other state agencies, the prime minister said the government was proposing that provisions be made for the Commissioner of Police or Chief of Defence Staff to apply to a judge in chambers for authorisation to obtain information from these state agencies in criminal investigations.

He said that DNA evidence would also form part of the crime fighting initiatives.

"It is proposed to extend these provisions to include the taking of non-invasive DNA samples and the establishment of a DNA database to govern access to and the use of these samples. Provision will be made for the person to have the right to obtain a copy of the DNA profile," Golding told Parliament.

He said the Evidence Act would be amended to give way to the use of videotaped witness statements and video linked testimony for accused persons from remand centres.

Prior to Tuesday's announcement, Golding met with representatives from local human rights groups, members of the Police Federation and the private sector and also held talks with Opposition Leader Portia Simpson Miller.

The meeting with Simpson Miller was the third since the Jamaica Labour Party (JLP) came to office last September.

With crime as the leading agenda item, Simpson Miller said the Peoples National Party (PNP) agreed in principle with most of the recommendations made by the sub-committee which examined and proposed aspects of the government's response to crime.

"I am satisfied that we have gone through quite a number of them. The grey areas we had, we have straightened out. We all discussed and came to agreement so I think now we can say that most of the issues we have signed off on...others need further work," she said.

The PNP leader said that the party would fully support the anti-crime measures on condition that the rights of law biding citizens were protected.

But political commentator and President of the Montego Bay Chamber of Commerce and Industry, Lloyd B Smith, said the government was being too reactive and not proactive enough.

His comment was also endorsed by Dennis Robotham, the President of the Chamber of Commerce and Industry in the central parish of St Catherine.

"We are not dealing with the preventative, we are not dealing with the social aspects, although Golding did say that these are the initial stages of the plan," he said.

"We are more reactive than proactive. We have to endorse every effort to tackle the crime situation, but we have to look closer at the root cause," Robotham added.

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