Robert Hart, Parliamentary ReporterLEGISLATION SEEKING to strip the mandatory death sentence from Jamaica's law books was yesterday tabled in the House of Representatives.
The move was in response to the Privy Council's ruling earlier this year that the country's automatic death penalty is unconstitutional.
The new legislation will require a review of the cases of all prisoners who received the mandatory death penalty as well as the court's determination of the appropriate sentences.
Dr. Peter Phillips, Minister of National Security, took charge of the Offences Against the Person (Amendment) Act, 2004, and could open the debate in the House next week.
INHUMAN PUNISHMENT
According to Senator A.J. Nicholson, the Minister of Justice, a decision was taken to amend the Act after the Judicial Committee of the Privy Council ruled on July 7, 2004, that the mandatory death sentence under Section 3 (1A) is "an inhuman punishment" and therefore unconstitutional.
The amendment bill seeks to remove the mandatory sentence of death for murder and give the court the discretion to impose a sentence of death or imprisonment for life in those cases that formerly attracted the death sentence.
In stating its objects and reasons, the Justice Minister also said the Bill seeks to "impose upon the court a duty to specify a period of imprisonment for which the offender should serve before becoming eligible for parole".
The Bill proposes that the court be required to hear submissions, representations and evidence relevant to the issue of the sentence to be passed.
