Government of Dominica
Gov’t To Review Firearms And Bail Acts To Strengthen Justice System

Gov’t To Review Firearms And Bail Acts To Strengthen Justice System

Government is currently reviewing Dominica’s Firearms Act and Bail Act as part of its ongoing efforts to strengthen national security and curb serious crimes.

Minister for National Security and Legal Affairs, Hon. Rayburn Blackmoore, said the reviews are already underway. Former Attorney General Mr. Anthony Laronde, described as “one of the most highly reputed legal draft persons,” has been engaged by Government to lead the review of the Firearms Act.

“As we speak, he is currently looking at the Firearms Act to actually look at the penalties,” Minister Blackmoore said.

Currently, the law includes tough penalties, such as 25 years in prison and a $700,000 fine for trafficking illegal firearms. But Hon. Blackmoore stated that they are looking to make adjustments to the act.

“If you are found with a firearm, your first offense is treated as a summary matter. The law speaks to fine and confine,” he explained. “So, what we are currently looking at, is for example if you are to be found with two illegal firearms and is you were to use those firearms to commit an offense; to remove that discretion from the court so you go straight to jail.”

The Government is also reviewing the Bail Act, focusing on Section 7. This section deals with how bail is granted for serious crimes like murder, but according to Minister Blackmoore, it is being interpreted differently by different judges.

“There seems to be a misinterpretation of specifically Section 7 of the Bail Act, that says of course for example that if the court were to grant somebody bail for murder, that the accused has to prove that he is going to make himself available before the court for his hearing. The onus therefore ought to not be placed on the prosecution. Some judges place the onus on the accused; some judges place the onus on the state.”

To address this issue, the Government plans to amend the Bail Act so that it is clear the accused must prove they won’t run from justice.

“So, what we are trying to do is narrow that definition and to place what we call reverse onus on the defendant to prove that ‘I’m not going to flee. I am going to present myself to answer my matter.” Hon. Blackmoore stated.

These changes aim to improve public safety and give the courts better tools to deal with gun crimes and serious offenses.

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