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The Voice

Help coming for mentally challenged prison inmates
published: Saturday | October 2, 2004

Robert Hart, Parliamentary Reporter

THE GOVERNMENT will be bringing legislation to Parliament within the next six months in an attempt to put a stop to the wide scale disappearance of mentally challenged inmates within the prison system, according to Minister of Justice A.J. Nicholson.

Mr. Nicholson told the Senate yesterday that the Government will be bringing amendments to the Criminal Justice Adminis-tration Act, that will require the court to keep a register of persons deemed unfit to plead or who have been convicted but found to be insane.

"Given that this situation is intolerable, the Government has been considering ways of ensuring that persons with mental difficulties are monitored more carefully by the courts," Mr. Nicholson, who is also the Attorney-General, said during his contribution to the State of the Nation debate.

He said "regular and frequent reports are to be made to the courts as a matter of law under the proposed amendments." The court registrar or the clerk of the court will be required to maintain the proposed register.

PROPOSED AMENDMENT

The justice minister said that the register will have to be "closely court-managed" and that the proposed amendments will also require legal aid to be offered to those accused persons in the criminal courts who appear to be mentally challenged.

"It is expected that these amendments will be brought to Parliament during this parlia-mentary year," he added.

Within the past year, concerns have been raised about the number of mentally challenged inmates who have been held "at the Governor-General's pleasure" becoming lost within the prison system.

The Department of Correct-ional Services has said that, up to August 2001, there were 317 mentally ill persons in the island's prisons. However, the Independent Jamaica Council for Human Rights (IJCHR) has estimated the number at 500, with most being held on petty charges.

Among the better known former inmates is Alfred Nettleford also called Ivan Barrows, 78, who was incarcerated for 29 years without facing the court. He was released in March 2001 through the efforts of the IJCHR.

In February of last year, the Supreme Court approved payment of $9 million to the 78-year-old schizophrenic in compensation for his unjustified incarceration.

Within one week in October 2003, three inmates, ruled unfit to plea, were freed after spending a combined 62 years behind bars. They were Errol Campbell, 24 years, Gladstone Ricketts, 28 years, and Roy Williams, 10 years.

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