The controversial amendment to enable police to collect DNA from detainees is among four bills that have been deferred until the National Assembly comes out of recess.
After a gruelling 17 hours of debates last week, Minister of Governance and Parliamentary Affairs Gail Teixeira proposed that the session be adjourned and the remaining bills be read after the recess. Her proposal was accepted by Speaker Manzoor Nadir.
The 31st sitting concluded last week Tuesday morning at 4.02 as the National Assembly entered into its annual recess, which will conclude in October.
Initially due for second reading was the highly controversial Police (Amendment) Bill, which seeks to give lawmen the power to collect DNA from any person taken into lawful custody in connection with a crime or offence for the purpose of identification.
The three other bills now scheduled to have their second readings are the Firearms (Amendment) Bill, Evidence (Amend-ment) Bill and Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill.
According to the Police (Amendment) Bill, which was tabled in the House back in June, “deoxyribonucleic acid (DNA) information” is to be added to the list of identifying information police officers can record under Section 25 of the Police Act.
Currently, Section 25 provides that it is lawful for any member of the force to take and record for the purpose of identification any measurement, photographs and fingerprint impression of all persons who may from time to time be in lawful custody.
In Guyana a person is deemed to be in lawful custody where that person is lawfully detained at any police station in connection with the commission of any crime or offence no matter the severity.
Under the proposed amendment, there is no requirement that the DNA be relevant to the investigation of the crime or offence for which the individual is detained. “The effect of this amendment is that in addition to measurements, photographs and fingerprint impressions, a member of the Force can take and record DNA information of a person in lawful custody for the purpose of identification,” the explanatory memorandum for the bill states.
The Firearms bill seeks to include a paragraph to allow an analyst of the Guyana Forensic and Science Laboratory (GFSL), without being a holder of a firearm licence, to have a firearm or ammunition during and for the purpose of executing their duties in the area of ballistics.
The Evidence amendment seeks to better provide for the role of officers of the GFSL and other analysts when required to give evidence in court proceedings.
Meanwhile, the Narcotic Drugs and Psychotropic Substances (Control) (Amendments of Second Schedule) seeks to include Methylenedioxymethamphetamine (MDMA), the scientific name of ecstasy, to the list of 3A of psychotropic substances.
The new inclusion seeks to control the possession of new and emerging psychotropic substances otherwise referred to as designer drugs being abused, especially by young people. Clause 2 of the bill seeks to amend section 2 of the principal act by inserting a definition for “controlled substance analogue” and amending the definition of narcotic to include controlled substances analogues.
The explanatory memorandum notes that by this insertion, all new compounds of narcotic drugs and psychotropic substances especially synthetic substances with a similar chemical and structural makeup and a similar or greater stimulant, depressant or hallucinogenic effect on the central nervous system to those substances currently prohibited by the principal act will be captured.
