A balance must be found towards rehabilitation instead of incarceration

In an extensive Brief on Criminal Justice Systems there is an advisory catchphrase which warns that “jailing is failing.” But as crimes against the person, fatalistic home invasions and murderous spousal abuse take hold locally, it is indeed challenging and bold to preach non-custodial sentencing, no jail-time, to a society which views personal security under siege by bandits and vagabonds and career criminals.

But I was afforded the opportunity to be present at a Press Conference hosted by the Ministry of Legal Affairs on Monday morning. It was the occasion for a formal launch-type announcement beginning the implementation of support for the Criminal Justice System with various emphases. The immediate major component was laying the groundwork for urgent “execution” of noncustodial sentencing for petty nonviolent crimes, including violations committed by first-timers.

This Inter- American Development Bank (IDB)-funded project was mooted since 2017. For dubious reasons the Basil Williams Legal Affairs Ministry did little or nothing to advance implementation. Even though a major objective – alternatives to prison sentencing is to reduce drastic overcrowding in the country’s beleaguered prisons.

It is apparent that the Ali Administration led by Legal Affairs Minister and Attorney General Nandlall – is committed to “supporting” the extant Criminal Justice System by urgent remedies aimed at averting prison time for non-violent offenders and offences. The Ministry’s team, ably coordinated by Olva

McKenzie-Agard and including the Director of Prisons Samuels, is tackling, almost simultaneously, various related and parallel components of this Criminal Justice Support Project.

The Public Relations/Public Education programme will continually explain such component-issues as alternative sentencing – guidelines, recourse to probation, bail, parole, community service and restorative justice where, in the latter, victim and perpetrator agree on penalties, arbitrated by a selected legal officer.

Of course, we were told of the implications of those alternatives: training and retraining of prosecutors, reviews by a reconstituted Law Reform Commission, actual Law reform along with possible new relevant legislation, as well as increased access to the Legal Affairs’ own Legal Aid facility.

I am volunteering to participate in any Public Education effort because I, as a concerned, sometimes very scared citizen, appreciate why both the vulnerable and the business community won’t initially support nonjail time for an accused. They must be convinced that more converted, hardened recruits would be produced into the society if the youths are prematurely sentenced to prisons.

From possession of small amounts of cannabis to petty fraud to chainsnatching, a balance must be found towards rehabilitation instead of incarceration, for the wider society’s sake.

Yours faithfully,

Allan Arthur Fenty