Defence attorneys to put forward proposed changes to Firearms Act amid mandatory sentencing concerns

Defence attorneys opposed to mandatory minimum sentencing for firearm offences are to work on joint proposals for amendments to the Firearms Act for submission to the Ministry of Justice and Constitutional Affairs early next week.

That was one of the outcomes of a meeting held today by Portfolio Minister Delroy Chuck, KC, with representatives of the Jamaican Bar Association (JAMBAR) and the Advocates’ Association of Jamaica amid growing concerns over mandatory sentencing for firearm offences.

Chuck called the meeting after lawyers on Wednesday staged a silent protest at the Supreme Court over provisions of Jamaica’s firearms legislation.

The attorneys protested what they described as the injustice of the 15-year mandatory sentence for certain firearm offences, arguing that the provision removes the discretion of judges to consider the individual circumstances of each case when imposing a sentence.

In a statement today, Chuck described the meeting, which he said lasted for nearly two hours, as extremely cordial.

He said that while no firm position was taken during the meeting, a clear way forward was outlined for further consideration of the concerns raised.

“The representatives of the Defence Bar highlighted what they described as gaps and areas of concern within the legislation, including provisions which they believe could result in unlawful arrests and convictions if not addressed. The attorneys have committed to refining their concerns and submitting joint proposals for amendments to the Firearms Act early next week.”

The meeting was also attended by State Minister in the Ministry of Justice and Constitutional Affairs, Marisa Dalrymple Philibert, and Permanent Secretary Grace Ann Stewart McFarlane.

JAMBAR was represented by President Tenneshia Watkins, along with Jacqueline Cummings and Christopher Townsend.

The Advocates’ Association of Jamaica was represented by President Tamika Harris, together with Michael Deans and Sasha Kay Shaw.

The Ministry said the meeting forms part of ongoing discussions on the operation of the firearms legislation and the need to ensure that the law is clear, effective and consistent with due process and the administration of justice.

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