Amendments to Offences Against the Person Act Will Re-Enforce Death Penalty for Capital Murder

Prime Minister, the Most Hon. Andrew Holness, says the amendments to be made to the Offences Against the Person Act, will clarify and reinforce that the punishment for capital murder in Jamaica is the death penalty.

“Somehow, somewhere it got into the minds of criminals that this is not the case, that after 15 years, sometimes with good behaviour, that you can come out of jail.

“We are going to disabuse them of that, and we will make it clear in the amendments that the penalty for capital murder is the death penalty, and where that is not applied, it is life imprisonment without parole,” he stated.

“For non-capital murder I heard a suggestion of 40 years before any considerations of parole, and I am inclined to that. I think it’s a wonderful suggestion. I think it should be up to 45 years,” he added.

“If you use fatal violence and you take a life, there will be significant consequences to your life,” he emphasised.

The Prime Minister was addressing a national security seminar hosted by the Office of the National Security Advisor, at the AC Hotel in Kingston on January 12, where he highlighted various legislative measures to address crime.

Among them is the new Firearms (Prohibition, Restriction and Regulation) Act, 2022, which provides penalties ranging from 15 years to life imprisonment for breaches.

The legislation establishes a dual regime, distinguishing between prohibited weapons or unregulated firearms and activities connected thereto, and firearms that are duly authorised or registered.

More than 80 persons have been charged, so far, under the new Act, which came into operation on November 1, 2022.

“It is already having an impact on the minds of the criminals, and that is how we have to operate to change the behaviour of those who are not necessarily hardened, but who are drawn into a life of crime because of circumstances,” the Prime Minister said.

“We have to increase the penalties, so that they carefully consider the decisions they make,” he argued.

Turning to the Bail Act, which is before Parliament, the Prime Minister said that it will streamline the process of bail, by giving greater clarity “and, hopefully, ensure we don’t have a revolving door for criminals”.

In addition, he noted that the cybersecurity legislative framework has been strengthened and the cybersecurity strategy is being updated.

He further informed that the Finger Prints Act is to be amended this legislative year to ensure that the law is in keeping with available technology, and the process to amend the Corrections Act is under way.

“We have already done some amendments to give stronger penalties for the possession of electronic communication devices within the prisons, but the entire corrections system needs to be overhauled,” the Prime Minister said.

He noted that there is now a new offender management policy, which will form the broader foundation for the amendments to the Corrections Act.

Plans are also in place to reform the Law Reform (Zones of Special Operations) (Special Security and Community Development Measures) Act to ensure that it is more effective.

A National Security Act is also under consideration and is to be drafted.