Lawyers protest mandatory minimum sentences under Firearms Act

KINGSTON, Jamaica — Defence attorneys on Wednesday staged a silent protest outside the Supreme Court in downtown Kingston, calling for a review of the mandatory sentencing provisions of the Firearms (Prohibition, Restriction and Regulation) Act, 2022. Dressed in black, the attorneys marched silently while carrying placards bearing messages including, “Tough on guns: yes. Tough on children: no.” The demonstration follows mounting concerns within sections of the legal profession over the Act’s mandatory minimum sentencing provisions, particularly the restriction they place on judicial discretion. The Opposition People’s National Party has also raised concerns about aspects of the legislation. Under the 2022 legislation, certain firearms offences attract mandatory minimum sentences of 15 years. Members of the legal profession have argued that the sentencing regime does not adequately allow judges to distinguish between offenders and the individual circumstances surrounding cases. King’s Counsel Peter Champagnie, who participated in Wednesday’s protest, has been among those calling for the legislation to be reviewed. His concerns follow recent comments from Justice Minister Delroy Chuck, who said a repeal of mandatory minimum sentences is unlikely, as security forces are crediting it for a decline in murders and shootings. However, Champagnie cautioned against framing the attorneys’ position as opposition to efforts to combat gun crime. “Yes, crime is down, and we are happy for that, but this is more than that, so let us not take it as a political campaign, as some are doing, by falsely publicising placards and saying ‘PNP lawyers’ and ‘gunman lawyers’; we have seen it and it is actually very offensive, and it is misleading,” Champagnie said. Holding a “Say no to mandatory injustice” sign, the attorney commended the Advocates Association and the Jamaican Bar Association for speaking up about their concerns about the Act. He maintained that the mandatory minimum must be reviewed, noting that prosecutors are similarly minded. “We have to look at this…in the context where for the first time, historically, the Office of the Director of Public Prosecutions also is aligned with our view that there needs to be a review of the legislation,” he said. He again called for a meeting to review the Act, alongside President of the Jamaican Bar Association Tenneshia Watkins, who raised concerns about judges being allowed to use their discretion in cases. “There are going to be judges on the bench that are not passing sentences in a manner that they should be. We have judges who do this all day, every day, and it is done competently,” Watkins said. “I think all of us are affected by crime, but all of us too want to see a justice system that is moving, [where] matters are dealt with proportionately.” Watkins maintained that Jamaicans should have a justice system in which cases can be dealt with on their individual merits. The attorneys stressed that they were defending the doctrine of separation of powers, noting that the legislature should not tie the hands of the judiciary.