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Govt proposes to extend police powers

Michael Dunkley

Laws granting police the power to detain gun suspects without charge for up to 28 days — which were due to expire at the end of this month — could be extended for another three years under new Government proposals.

And police could also be granted an extension to “clear-up” policies which allow them to disperse unruly crowds who threaten neighbourhoods with antisocial behaviour.

Announcing the moves in the House of Assembly this morning, Public Safety Minister Michael Dunkley said the laws — first granted in 2010 — had enabled police to interview witnesses to gun crime who might otherwise be intimidated had a suspect not been detained.

The Minister added that the proposed extensions demonstrated Government’s resolve “to provide the police with all reasonable means by which to fight crime”.

“This Honourable House will be invited to consider extending provisions of the Firearms Act 1973 and the Criminal Code Act 1907 which were approved in this Honourable House as deliberate measures designed to tackle antisocial behaviour and violent crime in this country,” Mr Dunkley said.

“Honourable Members will recall that the Firearms Act provisions allow the Police to apply to the Supreme Court for warrants for detention of suspects without charge for up to 28 days while awaiting the results of forensic analysis relating to an offence under the Act or a serious arrestable offence involving firearms or ammunition. By virtue of section 17 of the Act, the provision would expire on 31st December 2013 unless the Minister responsible for justice extended their duration by Notice published in the Gazette.”

The Minister said that, since 2010, police had made 12 applications for warrants of detention without charge, all of which had been successful. Eight of those cases had resulted in convictions.

“The benefit of this section is seen in the ability of the police to interview witnesses who might otherwise be intimidated if a suspect is on bail and conversely, it disrupts the cycle of gang violence by keeping suspects safely out of circulation where someone has been shot or killed,” Mr Dunkley said.

“Honourable Members can rest assured that the police have exercised restraint and made good use of the provisions to apply for warrants of further detention. All applications have been successful, having withstood the scrutiny of the Supreme Court. This Government is committed to supporting the Police and to providing the legislative tools necessary to facilitate the important work of law enforcement.

“In addition to the Firearms Act provisions, Mr. Speaker, this Government also seeks to extend the powers under section 110 of the Criminal Code. Honourable Members will recall that these powers permit the police to disperse individuals and clear-up and area where residents are harassed intimidated or feel their neighbourhood is unduly and negatively impacted by antisocial behaviour.

“In one case, in response to calls for action from residents in the area of Cambridge Road, these provisions were activated and had the desired effect of dispersing the antisocial elements that had so dominated the area as to make residents and their guests uncomfortable in the area.

“These provisions under the Criminal Code are directly aimed at promoting safer neighbourhoods and in practice the police have activated their use only when supported by the residents of an affected area. This section of the Code gives “teeth” to the Community Action Teams around the Island and provides some comfort to residents that something can be done to reclaim communities and promote safer environments for our families.

“This fight against guns, gangs, drugs and violence is by no means at an end. In any period of relative calm the Government and law enforcement must capitalise on the results of strong enforcement to reverse trends and demonstrate that zero-tolerance is not just a buzz word but an unwavering approach to this kind of lifestyle and its effects on the community.”