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Changes to the Cayman Islands Penal Code allowing police to ‘disperse’ groups in certain areas will put officers in the tough position of being the “morality police”, according to a former Legislative Assembly member and sociologist.
Moreover, a local defence attorney has opined the change will likely not assist in achieving a better conviction rate for crimes committed and could lead to further “estrangement of our youth from society”.
“These are amendments to complete the transformation of the Cayman Islands to a police state,” said local lawyer Peter Polack. “[Empowering] the RCIPS to utilise reasonable force … in trifling circumstances will inescapably lead to more violence in the streets.”
Lawmakers are expected to take up amendments to the Penal Code that will include the dispersal legislation later this month.
The changes allow a police officer at the rank of inspector or above to issue an order in an area where he or she has “reasonable grounds” to suspect that anti-social behaviour is a “significant and persistent problem”.
That’s defined in the law as anyone being intimidated, harassed, alarmed or distressed as a result of the behaviour of two or more people in the area.
A dispersal order may include directions requiring individuals to leave the designated area and may prohibit those individuals from gathering there again for up to two weeks at a time.
Violation of the dispersal order can lead to a four-year jail sentence upon conviction, under the bill.
Lawful demonstrations or public processions are not allowed to be dispersed by police under the proposed amendments to the Penal Code.
Changes to the local legislation were supported by Merseyside Police Chief Constable Jon Murphy, who recently came to Cayman on a consulting contract to assist local police with gang troubles. Mr. Murphy said Cayman does not have laws allowing police to set “low-level conditions” on suspected gang members to control where they congregate or who they associate with.
That is the goal of revised gang legislation under the Penal Code, as well as the dispersal orders.
Former MLA Frank McField, who has studied sociological development in the Cayman Islands for a number of years, said police will be put in a “difficult position” by the dispersal orders legislation.
“There’s such a vast difference between the older generation and the younger generation’s views on what is anti-social behaviour, if police are required to interpret a law which seeks for them to be engaged in arresting people because of anti-social behaviour … that will become a very subjective decision,” Mr. McField said.
“That’s not the job of the police. I’m sorry, but I can’t accept that the police can be put to that task.”
With more than 100 nationalities calling the Cayman Islands home, Mr. McField said there could also be cultural differences in behaviour that come into play.
“Two people talking loudly to each other in our community is completely different than two people talking loudly to each other in the Ritz-Carlton,” Mr. McField said.
Mr. Polack said the proposal was “knee-jerk legislation” that would not address police efficiency, evidence handling procedures within the Royal Cayman Islands Police Service or greater police accountability in the community.
“The estrangement of our youth from society now takes on a more sinister political character,” Mr. Polack said.
“These proposed amendments, like the proposed reversal of the onus of proof [in firearms cases] will not assist in securing a better conviction rate.
“We desperately need leadership; not more bureaucracy,” he said.
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police state is correct Mr.Polack, but you need to remember, our politicians do not serve us, we serve them, and they serve their masters and the global agenda. they scramble for votes every 4 years or so with broken promisses, but in reality, the left and right are both controlled by the same hidden hand all they are doing is following their agenda. freedom for all or freedom for none.
The changes to the laws put forward by the government are mainly ridiculous. Tramps are not who is threatening our safety.
What they should be doing is toughening sentences for violent criminals, adding a 2 strikes and you are out provision for violent sex offenders and other violent criminals, creating a new offence of possession of a firearm with intent to supply, making parole for violent offenders much harder to get, adding a sex offender registry, and changing the parole rules so that anyone convicted of a violent crime is only released on parole on a revokable license which would apply for at least 15 years after release. Any criminal conduct and back to the slammer.
Well that is a good point of view. Now go and tell that to that young lady, or old man or anyone who can not walk in windsor park at evening time because a group of people are gathering in a public space making noise, selling drugs and bothering the neigbors, or perhaps to those who got to cross the street to avoid a group of loud unpolite and aglresively behiver people loitering around certain places. You know what? Go to GT central at night behind CN and tell those ones that they are ok, that they can control who walks and who doesnt on the area……. What were you saying?
It is pretty obvious that at the root of this law is to be able to control which protests you would like to allow, and which you want to make go away.
Saying prohibit those individuals from gathering there again for up to two weeks at a time. Insures that any form of protesting can be completely controlled by whomever is in charge.
Really? RCIPS to have power to issue dispersal order for up to two weeks? The Cayman Islands is really becoming a Police State!
Folks, it is being said that: Lawful demonstrations or public processions are not allowed to be dispersed by police under the proposed amendments to the Penal Code, but don’t be fooled, because whether a person will first need the permission of the Commissioner of Police to gather in a public place for lawful demonstration or public processions, or whether the RCIPS can order people to disperse, we must understand that in any event individuals will always need the permission of the Police. Our freedom is being stolen from us.