Six bills were tabled in Parliament yesterday including one which seeks police supervision of paedophiles for the rest of their lives to prevent repeat crimes.
The Court of Appeal (Amendment) Bill 2008, which will allow the Director of Public Prosecutions (DPP) to approach the Court of Appeal and the Caribbean Court of Justice and a Pre-vention of Crimes (Amend-ment) Bill to have certain convicted persons placed under police supervision were among the six read for the first time.
The bills and an amendment to the regulations made under the Excise Tax Act 2005 are expected to be debated ahead of the two-month recess, which will run from August to October.
The Prevention of Crimes (Amendment) Bill seeks to give police the authority to supervise any person convicted on indictment of a crime, in addition to the punishment handed down.
Paedophiles would be subjected to police supervision for life, as well as persons involved in molestation, rape, sexual exploitation, pornography, prostitution, incest and kidnapping. In the case of armed robbery, domestic violence, hijacking, offences involving the use of firearm or explosives, and piracy, police supervision would be for three years. Persons who had no previous conviction would be supervised for one year; those with one previous conviction would be supervised for two years and those with “more previous convictions than one of any crime” would be supervised for three years.
The explanatory memorandum for this bill said “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 paedophile offences mentioned in Part 11 of the Schedule, the police supervision shall be for life”.
The Court of Appeal (Amendment) Bill makes provision for the DPP to appeal against the acquittal of an accused in the High Court where the trial judge upholds no-case submissions, on any ground or appeal that involves a question of law or evidence. The Bill would also allow the DPP to appeal an acquittal based on a defect in the depositions or the committal of the accused; the exclusion of material evidence sought to be adduced by the prosecution; substantial misdirection of the jury in the course of the judge’s summation; or a material irregularity in the trial.
The Bill also provides for the DPP to appeal against a sentence passed on a convict on the ground that the court had no power to pass it; it was manifestly inadequate; or wrong in principle.
Provision is also made for the procedure and time for appealing and the right to appeal would be limited to murder, treason, manslaughter, rape, defilement and other sexual offences, piracy, hijacking, money laundering, robbery, drug offences, burglary, housebreaking, theft, offences involving dishonesty, firearms offences, conspiracies and attempts to commit offences referred to previously; and aiding and abetting a person who commits the offences referred to previously.
Outlawing
boom boxes
The Evidence and Motor Vehicles and Road Traffic (Amendment Bill) 2008, which also had its first reading, would allow, among other provisions, for member of the Guyana Police Force to operate a breath-analysing device on a driver suspected of consuming excessive alcohol.
The Summary Jurisdiction (Offences) (Amendment) Bill 2008 would see the insertion of a new section in the Sum-mary Jurisdiction (Offence) Act prohibiting minibuses and hire cars from using loud, continuous or repetitive electronic equipment that would cause a nuisance to a commuter, or impair the driver’s ability to use the road cautiously.
Speaking on hand-held mobile phones or other such devices while driving will be outlawed as the Motor Vehicles and Road Traffic (Amendment) Bill 2008, seeks to insert a section restricting this. It also seeks to insert a definition of all terrain vehicles (ATVs) and provide for their use on public roads and off-highway trails.
The Tax (Amendment) Bill 2008 to repeal Section 16 of the principal Tax Act also had its first reading in the National Assembly yesterday. This is meant to make the process of incorporation and capitalisation of companies less financially onerous, while at the same time encouraging companies to ensure that their stated capital correctly reflects their financial affairs for the better information and security of investors and creditors.
The bill also seeks to repeal the section to alleviate “what may otherwise be an onerous amount of Stamp Duty payable upon the incorporation or increased capitalization of companies in Guyana.”
Regulations made under the Excise Tax Act 2005 were also tabled and will come into operation on July 21. One would allow exemptions of excise tax on motor vehicles imported to conduct the business of municipalities as well as the budget agency named in the schedule to the Fiscal Management and Accountability Act 2003.
In addition, it will now allow for excise tax on imported vehicles less than four years old to be computed at one and half times the CIF value. However, this does not extend to new vehicles for which the rate of excise tax “shall be calculated on a value, which, to the satisfaction of the Commissioner-General, is the sum of the ordinary retail selling price at which the motor vehicle would normally be sold…” without having regard to any discounts, commissions, monetary deductions, or other allowances.
THE WONDERLAND WORLD OF LEGISLATION
It is shocking to see these Six bills tabled in Parliament in order to enforce the following redeployment of the Police Force:
POLICE SUPERVISION FOR LIFE FOR: Paedophiles, rapists, sexual exploitation, pornography, prostitution, incest and kidnapping.
POLICE SUPERVISION FOR 3 YEARS FOR: Armed robbery, domestic violence, hijacking, offences involving the use of firearm or explosives, and piracy.
It cannot be overemphasised how callous this is with regard to the slaughtered citizens in Lusignan, Bartica etc. A rapist gets supervision for life whilst a bomber gets supervision for three years! Unbelievable!
How about those Parliament lawyers spending time more efficiently to tighten the criteria used to ensure the death penalty is used more often. This would be more fitting tribute to those poor slaughtered souls and their families who suffered so much.
Furthermore, has anyone worked out how much this police supervision for life will actually cost annually….
And where the money will come from to pay for it.
Looks to me like the long suffering citizen will have to WORK HARDER AND PAY MORE TAXES.
Positive move Guyana!!!
Yes, the Death Penalty should be emphasised and enforced, particularly, for such killings which took place in Agricola, Lusignan and Bartica. Those who engineered and executed these cold blooded killings, should be given the maximum penalty allowed by the judicial system and courts. This will significantly help in nurturing the rule of law.
Especially, in the economic context of Guyana, paedophiles and those ‘ Old Haags ‘ who use their wealth and economic power, to exploit poor and vulnerable children and young women, should do jail time, in addition to being monitored after they have done their time in jail.
Poor young girls and in many cases pre-teenagers, are victims to the depravity of much older males, who are in some instances, two or three times the age, of their economically needy and vulnerable victims.
Good move Guyana! Welcome to a global and progressive change.While you are making changes,perhaps you can advise the airport authorities to caution their representatives to cease and desist from badgering tourists for a raise.It was embarrasing to be asked by uniformed personnels at the gate for a RAISE,considering the have not worked a day for you!
Are there sufficient ranks in the Police Force to thwart would be criminals from commiting illegal acts?
Are there sufficient ranks to solve the many unsolved crimes among them the dumping of Monica Reece; the guy who was beheaded a few months ago, ah Kalamudeen?
Were there enough ranks to cordon off the area around the “blacka” the other day in North Ruimveldt when the police was allegedly after “Skinny”?
Then tell me, in God’s good name, how are they gonna effectively give police “supervision” to child molestors among felons?
As for the other bills, their intent seem okay for now but enforcing them when enacted, will be another matter
Give it a chance to work. It is a sign that lawmakers are beginning to see human lives in a civilised way. There are too many repeat offenders, these criminals need rehabilitating to become useful menbers of society, incarcerating them is a drain in manpower and also a cost to taxpayers.
……. holy cornbread !,,,,
malaika06 ! what a burst of intellectual insight ,,,,! ah think yuh miss de pic ,, is not if they have the resources — manpower inter alia — but how much of the latter used will be channelled into destabilisation ! which is what the REFORM of the pnc contingent is using to further destroy GY ,, and if u r unable to see this as the true facts of the pic that keeps unfolding each day since de slo fyah an mo’ fyah,, den yuh only seein de trees ,, an if by chance yuh ‘en seein de trees ,, den yuh head deh in de sand ! ah tink dem duz call dah the astrich syndrome !,,,,,
an dah is all i sayin…..
Funny thing about all newly enacted laws… it open up the doors for more corruption whereby an innocent person could be framed if they do not conform to some arbitrary demands and these laws use against them. We are madly chopping heads left right and center. If you cannot control a person by one mean then there’s another to use. My point is…there will be innocent persons caught up in these snares and no solid provisions to protect their rights.
Most of the laws giving the Guyana Police Force more responsibilities is the same as the parliament giving more money to the police force. Like the monitoring of ex-cons, the banning of the boom boxes in hire cars and mini buses is diferent ways for the police to make more money. Simply put this way if a police officer in guyana cannot make something from a case or report he or she received then that case is not going anywhere. I strongly support the laws as long as they are implimented efficiently but its another money making tool anyway.
On the surface these sound like some long needed legislations. Put something on the books and adjust/strengthen it later as needed!
Like any other legislation/laws on the books they will only be as good as the enforcement and this is where it gets scary!!!! More vehicles for corruption!!
Ahem…..well…..who going to supervise the supervisors??? So far they seem not to be doing a good job supervising themselves.
Anyway I say ‘give them a chance then lambaste them if they don’t do it right.
good idea on paper but do we have the resources to execute it. most legislation are passed but never executed in Guyana because of lack of resources. i will hold off on the hurrahs until i see how they carry it out.
all the respond to this article has “levels of truth”.it means just a matter of time before we have a “culture of law and ada”