President Bharrat Jagdeo yesterday gave his assent to several pieces of legislation passed in the house recently, including a controversial law that will allow wiretapping to be used in the fight against crime.
The Interception of Tele-communication Bill 2008, the Criminal Law Procedure (Amendment) Bill 2008 and the Criminal Procedure (Plea Bargaining and Plea Agreement) Bill 2008, were all assented to by the President yesterday. The bills were all passed in October. The wiretapping law was passed without opposition support, while the others received the opposition support.
According to a statement from the Government Infor-mation Agency (GINA), the enactment of these new security laws is seen as vital to reducing the upsurge in crime experienced in Guyana over the recent years. It added that the laws will bring Guyana’s security legislation in line with what obtains in other jurisdictions and was called for by the security forces to aid the crime fight.
The wiretapping bill allows for the interception of communications, the acquisition and disclosure of data relating to communications and the acquisition of means by which protected communication may be accessed and placed in an intelligible form and for connected purposes. The law will effectively prohibit the interception of communication unless a warrant is issued by a judge, based on an application. Additionally, intercepted communication obtained on a warrant will also be made admissible in any criminal proceedings.
The plea bargaining law will formalise plea agreements in law and will allow for the Director of Public Prosecutions (DPP) to arrange plea agreements for the speedy disposal of cases. Meanwhile, the Criminal Law (Procedure) (Amend-ment) Bill 2008 will vest in Magistrates the power to commit accused persons to trial in the High Court if a prima facie case is made out, based on written instead of oral evidence. The paper committal law, which would also empower magistrates to discharge accused persons, has been formulated to make the committal procedure more efficient, saving the court time and costs by creating an alternative to protracted preliminary inquiries.
