Lawyers continue protest to push for changes to Firearms Act

Members of the legal fraternity are following through on their decision to withdraw their services from all criminal courts across the island on Monday. The protest has come in response to what they describe as the rigidity of the Firearms Act.

The attorneys say they will continue their protest on Tuesday by withdrawing their services from all gun courts islandwide.

The decision was finalised on Sunday at a meeting, which included a vote on the way forward.

President of the Advocates Association Tamika Harris told Radio Jamaica News that a decision will be made on the next steps at the end of Tuesday’s protest, “because we are cognizant of the fact that there are vulnerable persons who are before the court that may necessarily cause too much disruption.”

She stressed that “whilst we are actively advocating for changes, we do not want to contribute to the backlog that we are complaining about. So it's two days for now, but we will sustain our advocacy until we have changes.”

Ms Harris has also questioned the position taken by Senator Abka Fitz-Henley, Minister of State in the Office of the Prime Minister on the Firearms Act.

Senator Fitz-Henley said there has been a significant reduction in murders since the legislation was passed and argued that removing the mandatory minimum penalty, as some groups are advocating, would weaken the law.

Ms Harris said that the attorneys are not calling for weaker gun laws, but fairer laws, maintaining that a fair firearms law would not negatively affect the crime rate.

 “Our position does not affect the crime rate that he's referring to, the lower movement. We are particularly concerned about imitation firearms. An imitation firearm will not affect the murder rates. And we are concerned about children before the court that, that are charged for toy guns. Now, toy guns and children at this moment wouldn't affect his murder rates.”

“We have to be practical. There are different circumstances. Not all cases are the same. A judge must be able to decide who to punish and how to punish that person,” she observed.

JFJ

Human rights lobby group, Jamaicans for Justice, has also come out in full support of the decision of the attorneys to continue their protest over the controversial Firearms Act.

Mickel Jackson, Executive Director of JFJ, cited the urgency of the issues confronting the criminal justice system as justification for the her organization’s position and is urging the government to make clear when the sections of contention in the legislation will be addressed.

 “We take note of the meeting that was held with the Justice Minister (Delroy Chuck) and the associations last week, but a meeting in and of itself is not reform if no definitive timeline was given for the amendments the government itself said are under review,” she stressed. 

Accordingly, she’s urging the government needs to “take heed and set a timeline within which the review would be done and ensure that due consideration is done of the proposals that the associations will be making.”

Ms. Jackson disclosed that JFJ has submitted a letter reiterating its concerns about the Act, along with proposals for changes.

The letter was sent to the Minister of National Security and the Minister of Justice, as well as members of both Houses of Parliament, setting out a number of proposals.

 “The Act should ensure that children are not subject to the prescribed minimums. That's one provision that JFJ we will be calling for and we raised in our letter. Secondly, the plea negotiation framework that allows a judge in appropriate cases to go below the prescribed mandatory minimum should be addressed because right now, for example, Section 5 is excluded from being considered for the, the judges to be able to go below the prescribed minimums. And the government can't on one hand asking for more pleas to be entered, but at the same time tying the hands of the judge.”

Jamaicans for Justice is also calling for a general safety valve, that restores judicial discretion where the interest of justice requires it.

Children’s rights

Children rights lobby group Fi Wi Children Foundation has added its voice to the calls for the firearms law to be amended. 

The foundation says it is particularly concerned about lengthy mandatory sentences for simple possession of a firearm, where there may be no evidence that the weapon was used or discharged.

FWCF says a fifteen year sentence before consideration for parole could represent a significant portion of a child's development spent in custody.

The Foundation is calling for age appropriate sentencing, greater judicial discretion and consideration of individual circumstances.It also wants the Government to establish a clear timeline for addressing concerns surrounding the legislation.

FWCF says combating gun violence and protecting children's rights should not be treated as competing objectives.