Harsher criminal penalties could increase case backlog - Sykes

Chief Justice Bryan Sykes is asserting that the gains made in reducing the backlog of cases in the courts could be reversed with the Government's proposal to increase mandatory minimum sentences.

Sykes said the proposal gives no incentive to accused persons to plead guilty, ultimately sending the matter to trial.

As a result, he said that there is concern within the judiciary that "the gains made will be reversed in terms of backlogs".

He was speaking to journalists during Friday morning's 'A conversation with the judiciary' forum at the Spanish Court Hotel in New Kingston.

Last month, Minister of Justice Delroy Chuck tabled the Offences Against the Person (Amendment) Bill and the Criminal Justice (Administration) (Amendment) Bill.

In tabling the bills in the House of Representatives, Chuck said the reputational damage to the country because of abnormally high rates of intentional homicides demands that the penalties imposed send the clear and unmistakable message to potential killers that when caught and convicted, they will be severely punished.

However, Opposition Leader Mark Golding and some defence attorneys subsequently argued that the bills will cause the case backlog to balloon.

Several courts have seen a significant reduction in backed up cases, including the Hanover and St Mary parish courts and the Gun Court. Fewer than 10 such cases are currently before the Hanover Parish Court.

Meanwhile, Sykes noted that harsh penalties have no impact on crime.

He said an efficient and effective justice system is what will deter people from committing crimes.

Under the Offences Against the Person (Amendment) Bill, Chuck is proposing amendments to Section 3(1)(b) to increase the mandatory minimum sentence from 15 years to 45 years.

Where a capital murder has been committed, he has proposed that the mandatory minimum sentence to be served before being eligible for parole moves from 20 years to 50 under (3(1C)(a).

He is also proposing to amend Section 42(F) of the Criminal Justice (Administration) Act by increasing the term of years to be deemed as life imprisonment from 30 years to 50 years where the offence committed is murder.

- Kimone Francis

Follow The Gleaner on Twitter and Instagram @JamaicaGleaner and on Facebook @GleanerJamaica. Send us a message on WhatsApp at 1-876-499-0169 or email us at onlinefeedback@gleanerjm.com or editors@gleanerjm.com