PNP exec council backs parliamentarians' vote

THE NATIONAL Executive Council of the People's National Party (PNP), on Sunday endorsed the stance taken by the PNP parliamentarians in voting against the Government's renewal of the Constabulary Force (Interim Provisions for Arrest and Detention) Act, 2010.

The Government, on Friday, used its majority in the Senate to give law-enforcement officials the right to continue detaining criminal suspects for up to 72 hours without charge.

Despite concerns from sections of civil society and the Opposition benches, the Senate passed amendments to the act.

"The party notes that the constitutional court, in its landmark decision handed down on July 15, 2011 in the Nation and Wright case, has stated that 24 hours was Parliament's indication of the period which does not violate the requirement, in the former chapter III of the Constitution, for a detained person to be brought before the court without delay," said a release from the PNP.

The party said the equivalent provision in the Constitution's new Charter of Rights requires detained persons to be brought before the court forthwith, or as soon as is reasonably practicable.

"In light of the reasoning of the court in the Nation and Wright case, the party considers it likely that the power for detention for up to 72 hours without consideration of bail is incompatible with the Charter of Rights, and cannot withstand judicial scrutiny."

Justified the legislation

Meanwhile, National Security Minister Senator Dwight Nelson, who is also the leader of government business in the Upper House, justified the legislation as he argued that the security forces must be empowered with the support of the law to help reduce the scourge of criminality.

Making reference to the beheading of three people in two incidents in Lauriston, St Catherine, Nelson told the Upper House last Friday that the extension of the interim provision was warranted.

According to Nelson, it is a key piece of legislative provision that has strengthened the crime fighting capabilities of the Jamaica Constabulary Force and its auxiliaries.

While pointing to the reduction of murders, since the start of this year, Nelson said over the one-year period when the law was in effect, the police arrested more persons.

He noted a significant reduction in murders in the five historically troubled police divisions, and said the legislation had a direct impact on this development.

Nelson criticised the Opposition, which on Tuesday, during the sitting of the House of Representatives, rejected the motion to extend the crime measure.

Opposition Spokesman on National Security Peter Bunting said the legislation was not the reason for the reduction in crime.

The Opposition has also questioned the legality of the legislation.

But Nelson said the detention of a suspect without charge for up to 72 hours is constitutional, based on the advice of the attorney general, who received advice from the solicitor general.

He cried shame on those who did not support the extension, saying it was tantamount to not supporting the security officials, many of whom "paid the ultimate price," in crime fighting.

That law was passed last year as part of a legislation which came to be known as the six anti-crime bills, but was struck down by the court for being in violation of the Constitution.

The extension will be in effect for one year.