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UNCONSTITUTIONAL! Anguilla Youth Parliament Rejects Police Amendment Bill 2015

January 25, 2016
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ypThe Anguilla Youth Parliament (AYP), on January 14, 2016, continued the discussion on the Police (Amendment) Bill 2015 which was first published on September 11, 2015. The intention of the Bill is to move forward the time when non-intimate samples (fingernail, hair sample, saliva etc) could be taken from a suspected person of a crime. The Bill aims to give the police the power to take these non-intimate samples upon suspicion, before a charge is laid before the court. The AYP found this shift to be unconstitutional and could lead to constitutional law suits placed upon the Government of Anguilla.

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The members of the Anguilla Youth Parliament presented a motion to withdraw the Bill due to a number of issues presented in the debate. The motion, which will be presented to the Government of Anguilla, outlines the position of the AYP as it relates to the Police (Amendment) Bill 2015. Their arguments referenced a number of research papers as well as a previous sitting of the AYP where the Hon. Attorney General, Mr. Rupert Jones, Mr. Don Mitchell QC and Mr. Tommy Astaphan QC made presentations. The members particularly aligned their arguments against the Bill with those put forward by the Anguilla Bar Association.
AYP Chief Minister, Clemvio Hodge, noted that young people are concerned that this piece of legislation in its current form is not the step towards crime eradication, especially the upsurge in gun violence. He also spoke to the response to crime and violence by our regional neighbours which includes strategies such as improved crime scene management, continuous training, community policing and proper equipment.

The AYP Leader of Opposition, Marejah Smith, spoke against the Bill and the challenges which may arise in its execution especially doing so in the “Spirit of Justice” as opposed to the “Letter of Justice”. Other key issues identified were, the proportionality test; one size does not fit all issues; confidentiality; lack of facilities to conduct testing in a timely manner; training of police officers and corruption.

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