Opposition Leader says Legislative change on Gun Laws balances Justice

Garfield Ekon

Staff Writer

#TurksandCaicos, June 18, 2024 – The Leader of the Opposition in the Turks and Caicos Island (TCI), Edwin Atwood says the removal of the mandatory 12-year sentence of persons found guilty of firearm offences “ensures a more balanced approach to justice.”

Reacting to the June 14 decision by the TCI House of Assembly, Mr. Astwood said it was a “pivotal amendment” to the Firearms (Amendment) Bill 2024, introducing a “significant clarification” regarding judicial discretion in sentencing for firearms-related offenses.

“Allowing for fairer and more individualised sentencing that better reflects the nuances of each case. I want to emphasise the importance of this amendment in ensuring that the judiciary can administer justice more equitably. This legislative change is a critical step in ensuring our legal system is both just and flexible,” he said.

The amendments mean that is a supreme court judge deems that there are exceptional circumstances in cases of persons in possession of illegal firearms, and or ammunition, they can impose a fine, or a custodial sentence, or both a fine, and a custodial sentence.

Before the change, Section 3(3) of the Firearms Ordinance required the Supreme Court to impose a mandatory minimum sentence of 12 years, and a fine for selected offences.

The Leader of the Opposition pointed out that the amendment was introduced to address concerns about the rigidity of the previous sentencing framework, which mandated both imprisonment and financial penalties for all firearms offenses, regardless of the specific context or severity.

“This often resulted in disproportionately harsh sentences that did not always fit the nature of the crime or the circumstances of the offender. Key Points of the Amendment: – Judicial Discretion: judges can now consider the unique aspects of each case and determine the most appropriate sentence, whether it be a custodial sentence, a fine, or a combination of both,” he said.

Mr. Astwood noted that in exceptional circumstances, the discretion is particularly aimed at cases where extraordinary circumstances warrant a departure from the standard sentencing requirements, and that not all cases are alike and that our judges must have the ability to consider all factors and impose sentences that are truly just and appropriate.

He further added that while the State must uphold the rule of law, the Opposition believes that the legal system must be flexible enough to consider extenuating circumstances and to differentiate between individuals who pose a genuine threat and those who may have no criminal intent and unknowingly violate the law.

“As Leader of the Opposition, I had fully agreed to have this Amendment Bill go through all three readings and on to passage in the sitting today. The Opposition Appointed Member and I believe it will lead to fairer outcomes and better serve the principles of justice.”