Chuck signals review of Firearms Act to allow plea bargain flexibility

Justice Minister Delroy Chuck has announced the Government’s intention to review the controversial Firearms Act soon to allow for judicial discretion in plea bargain agreements.

“The Firearms Act is being examined in short order, so that to the extent that you can give greater flexibility to the prosecution, the defence and the judge, the plea bargain could be associated,” Chuck said at a press conference this morning.

The Firearms (Prohibition, Restriction and Regulation) Act, 2022, which mandates a 15-year mandatory minimum sentence for the possession of illegal firearms and ammunition, restricts traditional guilty plea incentives.

The Jamaican legal fraternity and the Jamaican Bar Association have been advocating for amendments to the Act, highlighting the absence of guilty plea incentives and calling for provisions to allow judges to exercise discretion in exceptional cases.

They also argue that the Act is ambiguous in its treatment of children, as there is no clear delineation between them and adults in relation to sentencing.

Concerns have also been expressed about the treatment of imitation firearms under the Act.

Their discontent with the law culminated in a silent protest last week and the withdrawal of services from criminal courts on Monday and Tuesday of this week.

The Justice Minister had previously declared that the Act is “clearly working” to bring down murders and shootings in Jamaica, and insists that strong penalties must remain.

However, he told journalists that further discussions are being held with the legal fraternity and that “everything is being considered”.

“I don’t want to go into it, but in short order there will be further discussions,” he said.

He stressed, however, that amendments to laws take time.

“Lawyers who are not involved in the legislative process, and everybody, believe that drafting laws is like writing an essay or buying bread, it doesn’t happen like that, believe me. The slightest amendment will take you minimum six months to nine months because it goes through a process,” he said.

He noted, too, that section 113 of the Act states that there should be a joint select committee to examine the Bill after five years, which means that a deadline is coming up next year.

- Sashana Small

Follow The Gleaner on X, formerly 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.