Cayman Islands lawmakers got a quick lesson in the realities of the country’s new human rights regime Wednesday as they approved changes that reduce the time police can hold criminal suspects before taking them before a court.
The amendments to the Police Law (2010 Revision), which were approved Thursday, will lower the initial time police can hold individuals arrested “on suspicion” of a crime to 48 hours. The hold can be extended to 72 hours if a senior police officer approves and the suspect is brought before a magistrate who also allows the additional detainment without criminal charges being filed.
The amendments were approved unanimously after Grand Court Judge Alex Henderson pointed out in a recent ruling that the old Police Law did not meet human rights requirements set out in Cayman’s 2009 Constitution Order.
Independent legislators Ezzard Miller and Arden McLean questioned why this change hadn’t been made years ago, when voters approved the constitution in a May 2009 referendum.
“We missed it all,” Mr. McLean said. “How do we do that?
“The constitution was enacted, came into force in 2009, and in 2010 we make laws that are incompatible with the constitution?”
Mr. Miller said the amendments to the Police Law were just one example of legislators’ attempts in recent years to give local police the tools they need to do their jobs.
“Certainly, we should have known what the bill of rights and what the constitution says and we shouldn’t have to amend the law now to protect [the police] from this kind of ruling,” Mr. Miller said.
“I would ask the government to have a look at what’s happening in the Director of Public Prosecutions office and the police and somehow give the public an assurance that it is not incompetence that is causing these problems.”
Premier Alden McLaughlin responded that issues regarding constitutional compliance had nothing to do with the competence of government employees and that lawmakers should get ready for a number of these changes to be made in the coming years.
“From time to time, there are going to be these sorts of challenges made in the court,” Mr. McLaughlin said. “I don’t think it is fair to blame the attorney general for not having made legislation compliant with the constitution.
“Things are not as they once were. Cayman, as a first-world country, has got to have a system for the administration of justice which accords with international standards. That includes how we manage the arrest and detention of prisons.”
Opposition Leader McKeeva Bush agreed with Mr. McLaughlin, at least in part.
“Gone should be the days when one gets up and makes all kinds of noise and accusations of people not doing their jobs without being able to account for themselves fully,” Mr. Bush said. “The member [referring to Mr. McLean] ought to understand, because he sat in Cabinet … that you ought to listen to your legal advisers.”
However, Mr. Bush indicated this did not mean he was a supporter of the 2009 Constitution Order, which he voted against.
“What counts with me was the almighty power that was given to the governor by this constitution,” he said. “We should be concerned about the kind of power that the constitution gives the governor.”
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