The headline ‘Life supervision for paedophiles’ would have sent some consumers to their dictionaries to ascertain the exact meaning of the word ‘paedophile.’ It is defined in the Oxford Dictionary as “A person sexually attracted to children.” But when we turn to the bill that was passed in the National Assembly, The Prevention of Crimes (Amendment) Bill 2008, we see reference to other crimes – kidnapping, incest, rape, prostitution, pornography.
It is necessary, for a full understanding of the purpose of the bill to read the explanatory memorandum which goes with it and is not available in the act.
“The Bill seeks to amend the Prevention of Crimes Act (Cap.9:01) so as to prevent repeated commission of crimes.
“At present section 3 of the Act provides for subjecting persons who have been convicted of certain crimes defined in the Act to police supervision only if the court having cognizance of the indictment direct the person to be so subjected to police supervision. Upon the order of the court, a person who has one previous conviction shall be subject to police supervision for a period not exceeding one year and a person who has more than one previous conviction a period not exceeding three years, immediately after the person has completed his period of imprisonment.
“Of late, it has been noticed that there has been a spate of commission of heinous offences by persons who have earlier been convicted. Further the requirement of subjecting to police supervision is not compulsory and occurs only in cases where the court has directed such supervision. With a view to curbing crimes in a more effective manner, it is considered necessary to subject every person convicted on indictment of a crime to compulsory police supervision immediately after serving the sentence.
In case of persons who have been convicted of certain offences such as armed robbery, offences involving use of firearms or explosives and domestic violence mentioned in the Schedule sought to be inserted vide Clause 5 of the Bill, mandatory police supervision for three years has been provided. In case of paedophile offences mentioned in Part II of the Schedule; the police supervision shall be for life. It is also proposed to enhance the punishment for non-compliance with the requirement under the proposed section 3.
“Clause 1 of the Bill sets out the short title of the proposed legislation.
“Clause 2 seeks to repeal and re-enact section 3 of the Act relating to police supervision in accordance with the direction of the court in respect of persons who have been convicted on at least two occasions for commission of certain crimes. The proposed section 3 (2) makes supervision of the police mandatory for three years in respect of persons who have completed their sentences for commission of certain offences mentioned in Part 1 of the Schedule and for life in case of certain offences mentioned in Part II of the Schedule. For this requirement, no order of the court is necessary.
“Clause 3 seeks to amend section 4(3) of the Act relating to the requirement of notifying the place of residence or change of residence of the person under police supervision.
The amendment enhances the punishment for violating the provisions of section 4, from imprisonment for three months, as at present, to imprisonment for one year and also to a fine of two hundred and fifty thousand dollars. “Clause 4 seeks to insert a new section 18A in the Principal Act empowering the Minister to amend the Schedule, subject to affirmative resolution of the National Assembly.
“Clause 5 seeks to insert a Schedule to the Act mentioning the offences referred to in the proposed section 3(2) for which supervision of the police is provided.”
With all these additional duties, it would seem that the Guyana Police Force will have to be enlarged.
