PARLIAMENT will soon have to make a judgement call on whether the life of two of the six crime Bills passed last year as part of the measures to unseat criminals and control the island's spiralling crime rate at that time will be extended.
The provisions — The Constabulary Force (Interim Provisions for Arrest and Detention) Act 2010, extending the powers of arrest and detention under Sections 50B and 50F of the Constabulary Force Act; and The Bail (Interim Provisions for Specified Offences) Act 2010 to make interim provision in relation to the granting of bail in specified circumstances — were passed with four others in June of last year by Parliament and gazetted and enacted that July. However, the intention was that those two, which are interim provisions would continue in force for a period of one year.
Those Bills can only be extended by resolution of both the Upper and Lower Houses of Parliament.
Monday, Commissioner of Police Owen Ellington said the provisions had served the security force well but chose not to comment on whether a proposal will be made for an extension.
"Whatever laws we had we used them, but the decision as to whether they are extended rests with the parliamentarians, so I wouldn't be in a position to comment on that except to say that we used the laws we have," Commissioner Ellington told the Observer.
"We have regular meetings with parliamentarians through the National Security Council, we will make those observations there. What I can say is that we use the laws we have and we try to exploit all the possible potential of those," Ellington pointed out.
As to whether the provisions had contributed to the drop in major crimes that the country is now experiencing the police chief was also vague.
"We have been using all the laws that have given the police new powers; we used them and they have been very helpful, like all other laws they have been very helpful, but that's it, we depend on the legislators to give us the policy support but the continuation beyond July this year is dependent entirely on the legislators not on us," he added.
The Government last June used its parliamentary majority to push through the six Bills on the heels of the State of Emergency in sections on the island in the aftermath of the police military operation in Tivoli on May 23, which saw over 70 lives lost in the battle to capture alleged West Kingston strongman Christopher 'Dudus' Coke and neutralise his cronies. Although the measures had been on the table since 2008 the Opposition only gave its support to one of the Bills, mounting strong resistance to the others.
One argument which the Government held to, in the face of concerns that the 'draconian' measures would open the way to flagrant human rights violations, was that the interim Act making provision for the grant of bail in specified circumstances and the Act to make interim provision extending the powers of arrest and detention under Sections 50B and 50F of the Constabulary Force Act would only be in effect for one year after being passed into law as they were expected to act as "interim" provisions until the current crime wave has been brought under reasonable control.
Efforts Monday to reach Security Minister Senator Dwight Nelson and Justice Minister and Attorney General Senator Dorothy Lightbourne, who is overseas, proved futile.
One justice ministry official, in commenting, said a policy decision would have to be taken as to the life of the two provisions.
Last year, the Government said given the level of crime at the time the decision had been made to temporarily extend the provisions of sections 50B and 50F of the Constabulary Force Act so as to provide for the arrest and detention of a person outside of the locality in which the special cordon and curfew powers are being exercised. This can occur if a divisional commander, area commander or a member of the force, not below the rank of assistant commissioner, is satisfied that there is reasonable ground for suspecting that the person is, or has been or is about to be involved in the commission of a criminal offence in the locality.
It also served to increase, from 24 - 72 hours, the period for which a Justice of the Peace may, if satisfied that the detention or arrest of any person is reasonably required in the interest of justice, order that person, notwithstanding the provisions of section 22 of the Bail Act, to be remanded in custody before being released or taken before a Resident Magistrate.
The interim amendments to the Bail Act were to make it so that a person charged with any offence to including murder, gun and drug-related crimes and who had a previous conviction for another serious specified offence would be entitled to bail only after the expiration of a period of 60 days. Bail would be granted if the person satisfies the court that he or she should be released on bond.
The 60-day period in custody is subject to the right of the person to be brought before the court after seven days and thereafter at 14-day intervals at which time the court reviews the question of whether the person should continue to be held in custody or bail be considered.
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