In a sitting of the House of Assembly on Tuesday, January 23rd, Parliamentarians supported the passage of several bills.
Among the bills tabled, debated, and passed were the Bail Amendment Act; the Electronic Evidence Act 2023; and the Evidence Act 2023. These were intended to enhance and modernize existing legislation.
Besides these, however, the Criminal Amendment Code 2023 and the Firearms Amendment Act 2023 were passed. These are intended to address the scourge of gun violence, which has surged in the community in recent times.
With reference to the Criminal Amendment Code, according to Attorney General Dwight Horsford, the Code is a companion piece of legislation to the Firearms Act with the urgent need to address the various forms of punishment for gun crime and to send the message that this kind of behavior in the society would not be tolerated.
Mr. Horsford said that the new legislation lays out the mandatory minimum sentences in relation to gun related offenses under various categories.
The AG outlined that the purposes of the Bill were to amend the Criminal Code in order to provide for the imposition of a minimum term of imprisonment for specific firearm offences.
According to Mr. Horsford, when an adult has been charged with an offence of the possession of a firearm, and where such a person is a first time offender, the mandatory term of imprisonment would not be imposed.
However, the AG stated that for an offence related to the discharge of a firearm, the minimum term of imprisonment will be imposed, whether or not the defendant is a first time offender.
Mr. Horsford said that with regard to defendants under the age of 18, minimum terms of imprisonment will not be imposed if the said defendant is a first time offender. This is consistent with the provisions of the Child Justice Act.
In commenting on the Bill, Premier Webster said: “Madam Speaker, we do hope that this message gets out. I hope that people do not get confused about the word ‘minimum’ and think that it means a small sentence.”
“Indeed, the Bill provides for the length of imprisonment, 3 to 7 years, for being found in possession of a firearm,” he said. “And certainly, the years of incarceration and fines will be increased for discharging the firearm. The intent of this amended legislation is to be a deterrent to gun related crimes.”
“There has to be consequences for the actions of persons who can harm themselves and others,” the Premier said. “So the penalty or retribution for an offence here is necessary, as it is in any society. And even in this age of grace where we would want to be gentle, we still have to make sure that the law has its effect… It is hoped, then, that those who choose a deviant way of life would reconsider their ways.”
Meanwhile, the Honourable Minister of Home Affairs, Mr. Kenneth Hodge, said that he is concerned that it may be a bit late in trying to put in place remedies to correct engrained criminal situations. He said that the behaviour of some of our youth was inculcated in them since years ago.
The Minister argued that while persons tend to lay the blame on the church and on the community, he lays the blame squarely on the home, noting that some parents have neglected their responsibilities. He said it is time to return to the basics while relying on the community to raise the children.
“There are situations where parents are out, away from home, whether working or being engaged otherwise, and the children find comfort and companionship by sitting around ‘on the block’,” he said. “It is there that they become exposed to higher forms of [deviant] behaviour.”
“So, Madam Speaker, while I support this Bill, I am saying that this is not going to be a remedy for a blight that continues to beset us. We …. have to go back to the basics of home and community, where I would be able to correct my neighbour’s child without any fear that the neighbor would be offended in any way,” the Minister opined.
Generally speaking, all the Parliamentarians supported the passage of the Criminal Amendment Code 2023 and the Firearms Amendment Act 2023.
