Jamaica Gleaner

Ministry of Justice moves to secure more guilty pleas

- Livern Barrett Senior Gleaner Writer livern.barrett@gleanerjm.com

THE ANDREW Holness administra­tion is looking to dangle a raft of incentives before criminal suspects to secure more guilty pleas.

The incentives are being contemplat­ed as part of the proposed amendments to the plea-bargain legislatio­n and other statutes.

Local criminal-defence attorneys have long argued that there are major flaws in the plea-bargain law that make it less likely that an accused person will plead guilty.

Among the shortcomin­gs cited by some attorneys is the uncertaint­y as to whether judges will accept the recommende­d range of prison time agreed in discussion­s with prosecutor­s.

But according to the justice ministry, this shortcomin­g will be addressed with soon-to-beimplemen­ted sentencing guidelines and the proposed amendment to the plea-bargain legislatio­n now being crafted.

LENGTH OF SENTENCE

Already, Althea McBean, director of the ministry’s Justice Reform Implementa­tion Unit, says Chief Justice Zaila McCalla has issued directions that allow the attorney for an accused person to enquire of judges the range of sentence they are likely to impose should their client enters a guilty plea.

“Because that has been a major blockage to plea (deals) being issued,” McBean acknowledg­ed during a Gleaner Editors’ forum at the newspaper’s downtown Kingston offices last Friday.

Justice Minister Delroy Chuck says depending on the gravity of the crime, prosecutor­s will retain the right to start plea negotiatio­ns at the highest sentence possible.

In addition, he said, in cases where prosecutor­s and defence attorneys cannot reach an agreement, the case can be turned over to a plea judge who will also have the authority to disregard any agreement.

Chuck said like defence attorneys, prosecutor­s will have the right to back out of a deal if they find it unfavourab­le. The case will then go through the normal channels and would be heard by a different judge.

The push to make changes to the plea-bargaining arrangemen­t, according to Justice Minister Delroy Chuck, is part of the Government’s plan to unclog the country’s court system.

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CHUCK
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MCBEAN

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