Dionne Rose, Staff Reporter
A BILL designed to give statutory recognition to plea negotiations and agreements and which is aimed specifically at targeting organised crimes, was approved by the Senate last Friday.
Both sides of the House unanimously supported the Criminal Justice (Plea Negotiations and Agreements) Bill after a four-hour long debate.
Minister of Justice, Senator A.J. Nicholson, who piloted the bill, underscored the importance of the piece of legislation, which he asserted was timely as it was another legislative tool being provided by the Government to address the crime problem.
But the passage of the bill was not without contention.
ABSENCE OF VICTIM A PROBLEM
Clause Eight of the bill, which provides for the victim or, where the victim is dead or incapacitated, a member of his family, to be advised of the substance of and reasons for a plea agreement, was not fully supported by Opposition Senator Dorothy Lightbourne.
"My point remains the same Mr. Chairman. I was not saying that they ought not to make representation. I was quite clear, they ought to be involved and ought to know what is going on," she said.
But she argued that the victims' statements would have already been before the court, so the victims' representation should be limited and the decision of the plea negotiations should be left to the judge.
"The representation, I don't like how wide it is because it could bring some aspect of revenge and we don't want that," she said.
Addressing this concern, Senator Nicholson pointed out that the clause had been adopted on the recommendation of a Joint Select Committee of Parliament. The Joint Select Committee had deliberated on the bill before it was brought back to the Houses of Parlaiment.
He further pointed out that both her colleagues, Senator Arthur Williams and Delroy Chuck, supported this specific section of the bill.
The bill also aims to give statutory authority to the chief prosecutor to engage in discussions and make bargains with an accused. It also allows the accused to know beforehand that his sentence will be reduced.
NO GUARANTEE
But he cautioned, "A guilty plea in the current scheme of things is no guarantee for lighter sentence. It is not an attempt to fetter that discretion but, because of the fruits to be reaped by the prosecution and the society as a whole, resulting from the accused carrying out his promise, Parliament has to give the Crown some bargaining tools."
The Criminal Justice (Plea Negotiations and Agreements) Bill first emerged five years ago out of a recommendation of the Washington-based Police Executive Research Forum.
