Nicholson
Robert Hart, Staff Reporter
NEW LEGISLATION to provide better protection for hundreds of mentally ill inmates within the penal system is expected before Cabinet in two weeks.
Senator A.J. Nicholson, minister of justice and attorney-general, told The Gleaner recently that the legislation has been completed and could also be tabled in Parliament before the end of the legislative year.
LIKELY DELAY
However, the justice minister admitted that, with little time remaining before the end of the legislative year, it was unlikely that the bill would be passed until after the beginning of the 2005/2006 session.
The legislation was mentioned in Mandeville last Tuesday in an address from Senator Nicholson during the opening ceremony at a Justice Ministry-hosted symposium on human rights.
"The treatment of the mentally ill in the criminal justice system is currently under review," said Carol Palmer, permanent secretary in the Justice Ministry, at the symposium on behalf of the minister.
The symposium was co-hosted by Northern Caribbean University.
PARTNERSHIP
"A comprehensive overhaul of the relevant legislation has been completed and a strong partnership is being forged between the police, correctional services, health officials and the courts, to adopt best practices to ensure that those who are unwell in the eyes of the law are treated in a better way," Ms. Palmer said.
In October, the justice minister announced in the Senate that the Government would be bringing amendments to the Criminal Justice Administration Act, that would require the court to keep a register of persons deemed unfit to plead or who have been convicted but found to be insane.
Senator Nicholson had indicated, during his contribution to the State of the Nation debate, that the legislation would be brought to Parliament within six months, as the government attempted to curtail the problem of mentally-challenged inmates being lost in the prison system .
The attorney-general had said that regular and frequent reports to the courts would be required under law, based on the proposed amendments.
The court registrar or the clerk of the court would be required to maintain the proposed register.
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.
CONCERNS
Throughout last year, concerns were raised about the number of mentally-challenged inmates who have been held 'at the governor-general's pleasure' and become lost within the prison system.
According to the Department of Correctional Services, there were 317 mentally ill persons in the island's prisons up to August 2001.
However, the Independent Jamaica Council for Human Rights estimated the number at 500, with most being held on petty charges.
