Law Changed, House of Assembly amends Firearms Ordinance  

Garfield Ekon

Staff Writer

#TurksandCaicos, June 18, 2024 – The Turks and Caicos House of Assembly has now made it possible for judges in the Supreme Court to impose a fine, or custodial sentence for individuals convicted on firearm and ammunition charges.

Under the Firearms (Amendment) Bill 2024, the mandatory 12-year sentence that a judge was required to impose, has been removed, and according to Attorney General, Hon. Rhondalee Braithwaite-Knowles, King Counsel, in situation where there are “exceptional circumstances” the amendment gives the court distraction to impose a “lesser sentence than the mandatory minimum.

“The Firearms (Amendment) Bill 2024 clarified that the Supreme Court has the widest possible breadth of discretion, although the court must ensure that the punishment of a persons convicted is in keeping with the dominant purpose of Parliament, which is deterrence,” she said in a press statement.

The Attorney General added that the courts are empowered to exercise discretion in sentencing that is proportionately consistent with exceptional circumstances of the cases that are before them.

She said the introduction of the Bill resulted from a considered review of legislation in the region, especially countries in the British Overseas Territories, along with consultation with the Judiciary, the Bar Council, the Office of the Director of Public Prosecutions, and senior defence lawyers “who all agreed that the clarification should be made.

Further, the AG said the amendment will address marginal cases of exceptional circumstances for both residents and visitors, where the court was best placed to determine the appropriate penalty. The law has been amended several times, and in 2022, the mandatory minimum was raised for possession and use of firearms, with an amin to deter the crimes on the island.

Recently the Islands received several backslashes from United States congressional leaders after tourists were caught departing with bullets in their luggage. Some of those tourists are still before the local court. At the time, the leaders in the TCI defended the judicial system as independent and operates without political interference.

In an earlier statement, the Attorney General argued that judges in subject cases had no jurisdiction to impose non-custodial sentencing, and “sending a message of deterrence, required that any leniency shown when having regard to mitigating circumstances must be reflected the incarceration impose,” she said.

In a February decision, handed down by the Court of Appeal, it certified that where exceptional circumstances exist, the court has no jurisdiction to impose a non-custodial sentence. The position further influenced review of the legislation, and aided in the amendment, to expand the judicial discretion in such matters.