Defence lawyers begin court withdrawal over Firearms Act

Defence lawyers across Jamaica are withdrawing their services from the country’s criminal courts beginning Monday, escalating their dispute with the Government over mandatory minimum sentences under the Firearms (Prohibition, Restriction and Regulation) Act, 2022.

The Jamaican Bar Association (JAMBAR) and the Advocates’ Association of Jamaica (AAJ) announced the action after their members voted overwhelmingly on Sunday to withdraw legal services.

The associations said 88 per cent of participating members supported a withdrawal, while 83 per cent supported extending the action beyond the Gun Courts to all criminal courts.

Under the revised directive, lawyers will withdraw from all criminal courts islandwide on Monday, including Parish Courts, Circuit Courts and Gun Courts. On Tuesday, the action will be limited to the Gun Courts.

The associations said attorneys must continue to deal with urgent remand matters, emergency bail applications involving juveniles or vulnerable people, and time-sensitive constitutional applications to ensure that clients’ fundamental rights are not prejudiced.

The latest action follows a meeting last Thursday between representatives of JAMBAR and the AAJ and Justice and Constitutional Affairs Minister Delroy Chuck. The lawyers said the discussions ended without a definitive timeline for legislative amendments.

The associations said their concerns centre on what they describe as serious shortcomings in the firearms legislation, particularly the erosion of judicial discretion and the impact of mandatory minimum sentences on the criminal justice system.

Under the 2022 Act, certain firearms offences attract mandatory minimum sentences of 15 years. The lawyers argue that the regime does not allow judges sufficient flexibility to consider the circumstances of individual cases, including the degree of culpability and the nature of the offence.

JAMBAR President Tenneshia Watkins has described the mandatory minimum as the biggest concern.

“The biggest issue we have is the mandatory minimum which has taken away the discretion of the judge totally and we continue to have the backlogs, cases not moving through the system as they should,” Watkins said during a silent protest outside the Supreme Court last week.

The legal fraternity is also concerned about the treatment of imitation firearms and argues that such cases should not automatically be treated in the same manner.

Another major concern is the effect of the mandatory sentences on guilty pleas. The lawyers argue that if an accused person faces a fixed minimum sentence, there may be little incentive to plead guilty early, potentially resulting in more cases proceeding to trial and adding to existing court backlogs.

Chief Justice Bryan Sykes has previously raised a similar concern in relation to the Gun Court, questioning the incentive for an accused person to plead guilty if the minimum sentence remains fixed.

The attorneys are also challenging the interaction between the firearms legislation and Section 42K of the Criminal Justice (Administration) Act, which provides a mechanism for certain mandatory sentences considered excessive to be reviewed by the Court of Appeal.

AAJ President Tamika Harris said the associations were not seeking weaker measures against gun crime.

“We are not saying we want to be soft on crime. We all want a safe Jamaica to live in,” she said.

The Government has acknowledged that amendments to the firearms legislation are being considered. However, the lawyers say they have become frustrated by the absence of a clear timetable.

Chuck has described his discussions with the legal profession as cordial and said the lawyers had agreed to submit joint proposals for amendments.

The Government has also defended the existing law. Government Senator Christian Tavares-Finson has said substantial changes would be ill-advised and expressed support for the 15-year mandatory minimum, pointing to official court data showing declines in new Gun Court cases since the legislation took effect.

The lawyers, meanwhile, maintain that firm laws and judicial fairness can coexist, and are calling for urgent legislative reform.

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