KINGSTON, Jamaica, CMC – Two critical pieces of legislation that will impose stricter penalties for murder will be placed before a Joint Select Committee to ensure broad consultation.
The Bills – the Offences Against the Person (Amendment) Act 2023 and Criminal Justice (Administration) (Amendment) Act 2023 – were tabled in the House of Representatives on February 21.
Minister of Justice Delroy Chuck said members of the Committee would be named at the earliest sitting.
He explained that the increased mandatory minimums would align the sentencing regimes governing severe crimes and the public’s expectations of the justice system.
“The possibility of the imposition of a more punitive sentence will go a long way in preserving the credibility of Jamaica’s justice system in the eyes of individuals traumatized by the untimely death of their loved ones,” the Minister said.
He said Jamaica has the highest homicide rate among 22 Latin American and Caribbean countries.
“Our extreme reality necessitates that the legislative framework governing mandatory minimum sentences for murder surpass the average threshold used in other jurisdictions,” Chuck said. “These legislative amendments will aid in the fight against the country’s soaring crime rate by ensuring that the applicable penalty matches the severity of the crime.”
He said that in Section 3(1)(b) of the Offences Against the Person (Amendment) Act, the proposed amendment is to increase the mandatory minimum sentence of imprisonment from 15 to 45 years.
It also proposes increasing the mandatory minimum sentence to be served before being eligible for parole, where the offense is capital murder, from 20 years to 50 years under 3(1C)(a), which deals with eligibility for parole.
The proposal is also to increase the mandatory minimum sentence to be served before being eligible for parole, where the penalty is imprisonment for life from 15 years to 45 years, under section 3(1C)(b)(i).
Additionally, it is proposed to increase the mandatory minimum sentence to be served before being eligible for parole, where a sentence of a term of years is given from 10 years to 35 years under 3(1C)(b)(ii).
The Justice Minister said the imposition of mandatory minimum sentences via legislation is generally intended to convey a strong message that society will not tolerate specific criminal behavior.
Regarding the Criminal Justice (Administration) (Amendment) Bill, it proposes to amend section 42(F) of the Criminal Justice (Administration) Act by increasing the term of years to be deemed as life imprisonment from 30 years to 50 years, where the offense committed is murder.
Chuck said the starting point for calculating the reduction in the sentence is usually life imprisonment. This proposed amendment aims to maintain an incentive scheme for defendants to plead guilty while ensuring that the reduced sentence is not inordinately low of the severe nature of the offense.
“It is in tandem with this very reasoning that we also propose that section 42(E)(3) of the Criminal Justice (Administration) Act be amended to stipulate that the Court shall not impose a sentence that is less than a term of 30 years,” he said.
The Minister added that a proposed amendment to the Child Care and Protection Act, generally in line with the objective of these two Bills, will follow in short order.
Chuck said at the Joint Select Committee stage, he would invite discussions surrounding the framework established in the Criminal Justice Administration Act, as it concerns the reduction of a sentence upon a guilty plea.
“The sentiment has been expressed that the application of discounts has led to low sentences that do not reflect the nature and seriousness of the offenses. It has left victims and family members dissatisfied with the process of justice.
“My personal view is that the regime established under the Plea Negotiations and Agreements Act of 2017 is robust enough to ensure that all the relevant parties, particularly the victims of the crimes and their families, have their say in determining what justice looks like in the circumstances, while concurrently increasing the Court’s disposal rate,” he said, adding that he will submit the matters to the Committee.
Chuck said the Prime Minister and the Government are determined to curb violence in the country and, in particular, reduce the number of murders, noting that all measures will be used.
Leader of the Opposition Mark Golding welcomed the legislation being placed before a Joint Select Committee.
“The proposals in this Bill have far-reaching consequences for the justice system and… the correctional system, and it is vital that voices who have a stake in this come and be heard at the Joint Select Committee so that the right decisions can be made about these proposals,” he said.
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