House Approves MOCA Regulations

The House of Representatives has approved the Major Organised Crime and Anti-Corruption Agency (Investigation and Prosecution Procedures) Regulations, 2021.

At the sitting of the House on December 7, Deputy Prime Minister and Minister of National Security, Hon. Dr. Horace Chang, said the Major Organised Crime and Anti-Corruption Agency (MOCA) was established by virtue of the MOCA Act, 2018, to carry out critical functions aimed at combatting serious crimes.

“In effect, MOCA is Jamaica’s first fully independent law-enforcement agency, with a cadre of professionals charged with the responsibilities of conducting investigations and operations of the highest standards and professional integrity,” Dr. Chang said.

He noted that the Agency is primarily mandated to effectively tackle major organised crime, economic crime, cybercrime and corruption in Jamaica, through an integrated and cooperative approach with local, regional and international key stakeholders.

In recognising the mandate of MOCA to investigate and prosecute serious crimes, which include major organised crime and corruption, the Minister said it is important that clear guidelines are provided for officers as they carry out their duties.

“As with other law-enforcement organisations around the world, it is crucial to have formal investigative protocols written to both enhance and preserve the investigative process,” Dr. Chang said.

“The Regulations proposed for approval are a guide to best practice. To ensure consistency in the investigation of MOCA cases, investigations are to be conducted in accordance with these regulations to the greatest extent possible,” he added.

Dr. Chang further noted that these regulations are outlined so that the public, and strategic partners would be in a position to know how the Agency will be operating as it relates to investigating and prosecuting serious crimes.

“They operate to hold the Agency accountable to an established standard,” the Minister said.

Dr. Chang informed that despite the challenges presented by COVID-19, MOCA has continued to deliver strong operational outcomes by concluding several complex investigations.

He said there are 136 individuals before the court, arising from some 73 cases. He added that during the course of 2021, MOCA has undertaken 13 operations and some 23 individuals charged.

“It is our belief that these Regulations will put MOCA on even stronger footing to achieve even greater successes in the investigation and prosecution of serious crimes in Jamaica at this time,” Dr. Chang said.

In terms of Regulations, Regulation Four empowers the Director-General to establish a use-of-force policy outlining the circumstances in which reasonable force may be used by an officer.

The regulations stipulate that all MOCA officers must be bound by these guidelines in exercising their power.

Part II of the Regulations addresses the powers of arrest, with or without a warrant, which are expected to be conducted in accordance with the Seventh Schedule of the principal Act.

Also, powers of search and seizure are provided for extensively under Regulations 10 through 20, which outline the procedures to be followed by an officer.

Regulations 12, 13, 14 and 15 outline procedures to be followed in the case of application to obtain a search warrant. In such instances, the officer shall take reasonable steps to ensure that the information is accurate.

Part IV of the Regulations outlines the practices and procedures to be adopted by an officer relating to the detention, treatment, and questioning of persons.