Firearms Act’s mandatory minimum sentence under review

Under this new law, a convicted felon is sentenced to a mandatory minimum of 15 years imprisonment before consideration of being granted parole.

With Jamaica averaging well over 1,000 homicides annually the new Firearms Act is a major deterrent, argued anti-gun lobbyists and members of the general public.

However, in recent remarks, Minister of Justice Delroy Chuck, is contending that mandatory minimum sentencing is on the other hand, contributing to the backlog of cases in the Gun Court, an issue pointed out by attorney-at-law Peter Champagnie, KC, during the CCJ Academy for Law's regional townhall at the University of the West Indies on November 14.

According to Champagnie, a renowned senior defense attorney, this statutory minimum sentence has inadvertently created a disincentive for defendants to plead guilty.

“In fact, it is now creating a measure of backlog in the Gun Court, because a typical accused person, when you go to them, they’ll ask ‘what is going to be the penalty if I’m found guilty?’… and we say, a minimum 15 years; ‘what is it if I plead guilty, what will it be’, and you say 15 years, they’d say, ‘I’ll take my chances at trial’, and so begins the backlog. So I think we need to revisit that aspect of the legislation in short order,” he said as reported by the state-run Jamaica Information Service (JIS), while calling for a revision of the statute.

No data was shared on the number of cases in the Gun Court, nor the speed at which cases are completed in recent times, compared with, for instance, a decade ago.

Minister Chuck responded by confirming that the Government, in consultation with the Director of Public Prosecutions (DPP) and the Judiciary, is already revising this part of the legislation. He noted that the changes should have come sooner but emphasized that efforts are underway to address the issue. Additionally, Senior Deputy Director of Public Prosecutions, Jeremy Taylor, KC, highlighted that the Court of Appeal is assembling a panel of judges to review the mandatory minimum sentencing provisions under the Firearms Act.

The amendments are seen as part of broader efforts to tackle gun violence in Jamaica, with the Firearms Act forming a critical part of the government’s strategy to curb illegal firearms possession and related violence. These legal reforms are also linked to the Caribbean region's broader push for criminal justice reform, as reflected in the Needham’s Point Declaration, which was adopted during the 7th Biennial Conference of the CCJ Academy for Law in Barbados in October 2023. This declaration outlines 39 recommendations aimed at strengthening the criminal justice system across the Caribbean.

Only a few weeks ago, speaking to reporters after a training seminar for Children’s Advocates in Falmouth, Trelawny, the minister highlighted the positive impact of plea bargaining in the Jamaican justice system, particularly in addressing the persistent issue of case backlogs in the parish courts.

Essentially those pushing for a review of the mandatory minimum sentence under the Firearms Act are contending that this runs counter to the plea bargain deal.

Chuck told journalists at the time in Trelawny that the widespread adoption of plea bargaining over the past five years has led to a significant reduction in outstanding cases, making the judicial process more efficient. He explained that plea bargaining, which allows an accused individual to plead guilty in exchange for a reduced sentence, has “proven to be a win-win for the justice system”. By facilitating quicker case resolutions, it not only alleviates the burden on the courts but also ensures a swifter administration of justice for all parties involved.

This will certainly be the crux of the legislation being reviewed by legal experts as a careful balancing act will be required – that of ensuring that the law serves as a deterrent as originally intended but at the same time reward a felon who accepts full responsibility for transgressing against the law, provided that valuable information is shared with the state to reduce the scourge of gun violence.