New crime bills coming

Leader of Government Business Kurt Tibbetts told a sold-out Chamber of Commerce luncheon crowd Wednesday that seven draft Bills aimed at combating serious and violent crime will be presented to the Legislative Assembly next month.

‘Let’s be clear about one thing,’ Mr. Tibbetts said. ‘We live here too, and we will not take a passive approach to dealing with crime in the Cayman Islands.’

One of the new bills, the Bail Amendment Bill, will amend the Bail Law and reduce the frequency with which bail is granted to persons accused of serious offences.

In the past, some people arrested for crimes and then given bail have committed other crimes before their trial.

‘The amendment places emphasis on crimes that are violent, pervasive and of a socially disruptive nature,’ Mr. Tibbetts said.

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The Evidence (Amendment) Bill, will make provisions for accused persons to give evidence through a live television link, rather than having to be physically present in the courtroom.

During some high-profile trials this year, armed police officers have had to patrol the Court, including being stationed on the roof.

‘This will significantly reduce security risks during criminal proceedings,’ Mr. Tibbetts said.

The Penal Code (Amendment) Bill will create a new provision that prohibits membership in gangs and outlaws the carrying of restricted weapons at night in places such as cinemas, clubs, restaurants, recreation halls and bars, Mr. Tibbetts said.

‘This Government has not tried to dodge the obvious or deny the existence of gangs, guns and the growing sub-culture,’ he said. ‘We have therefore sought to strengthen legislation to take the fight to the criminals at all levels.’

In addition, Mr. Tibbetts said several new offences would be created such as possession of a bullet proof vest or firearm for the benefit of a gang; participation in the activities of a gang; and participation in criminal activity in association with a gang.

The Firearms (Amendment) Bill was also recently approved by the Cabinet, Mr. Tibbetts said.

‘One of the key changes proposed is the introduction of a minimum sentence of 10 years upon conviction of importing, exporting, possession or use of specified firearms,’ he said, adding that the current maximum sentence of 20 years and fine of $100,000 would remain in place.

The Legislative Assembly will also be presented with the Police (Amendment) Bill, which will make provisions for detaining suspects for longer periods than currently allowed.

‘However, it also provides certain safeguards that must be exercised by the police and at a certain point the court’s approval is necessary,’ said Mr. Tibbetts.

The Cabinet also approved a Bill for a Law to Amend the Prison Law in an attempt to reduce the frequency of repeat offenders being released. The Bill would change the minimum amount of time served for serious crimes from one-third to five-ninths of the sentence.

‘The entire parole system will be reviewed with the aim of ensuring that parole is viewed as a privilege to those demonstrating a determination to respect the law,’ Mr. Tibbetts said.

The Information and Communications Technology Authority (Amendment) Bill will make it an offence for a telephone company to refuse to produce information required by a constable of the rank of an inspector or above for the prevention or detection of crime or for the purposes of any criminal proceedings, Mr. Tibbetts said.

In another step to fight crime, Mr. Tibbetts said the Cabinet had also recently approved the hiring of a criminologist to conduct an empirical study of the crime situation in Cayman in order to better assist Government in formulating policies and legislation.

‘This Government has acted with deliberation and determination to empower our police, our courts and prisons to deal with what is a critical situation,’ he said. ‘Other measures are also under way which I am not at liberty to discuss at this moment.

‘However, as we wrestle against a real enemy, I must encourage vigilance on the part of the majority of law abiding and peace loving citizens of Cayman and I must warn that further measures will have to be put in place to ensure that our society does not become a victim of uncontrollable levels of crime.’