by Linda Straker
- Police have recorded increase in gun related crimes since 2023
- Firearms Amendment Act of 2024 stops magistrates from offering bail for gun-related offences
- Amendment went into effect on 1 August 2024 and allows High Court to grant bail
A member of the Lower House of Parliament is of the opinion that the Judiciary is not applying the relevant law(s) in a manner that will dissuade people from getting involved or engaging in gun-related crimes.
Police in Grenada have recorded an increase in gun-related crimes since 2023. In 2024, an amendment to the Firearms Act increased the penalty and fines for gun-related offences and also prohibited magistrates from setting bail for those who are charged with gun-related offences.
“I think the Judiciary needs to step up and ensure that it is doing its part to enforce the law, especially when gun cases do occur. I think it is a big travesty to say that the government, the legislators did their part to pass the bill…and when it comes to certain high profile criminals that they are receiving no jail time,” said Ron Redhead, Member of Parliament for the Constituency of St George North-East.
Describing his concern that some of the people arrested and charged for gun-related offences are returning or still continue to have a say on what goes on in the streets, Redhead said, “They continue to remain on the streets, and they continue in some instances to fuel and influence what is taking place.”
Speaking about Government’s decision to amend the Firearms Act, Redhead, the former Minister for Youth who was the guest on the Grenada Broadcasting Network’s interactive To-the-Point programme on Wednesday, 30 July, said, “The Government is doing its part to ensure that the streets are safe by enacting specific laws or legislation by ensuring that programmes such as the gun amnesty which yield some kind of benefit for removing illegal ammunition and weapons off the streets of Grenada and maintaining our peace, so we are doing our part.”
Though the Firearms Amendment Act of 2024 stops magistrates from offering bail for gun related offences, the amendment allows the High Court to grant bail after a hearing filed by an attorney on behalf of someone who is facing a charge under that law.
The amendment to the Firearms Act went into effect on 1 August 2024. In the lead-up to that date, Prime Minister Dickon Mitchell described the new firearm legislation as draconian, as sentencing for those found guilty of gun-related crimes will receive imprisonment for as long as 40 years.
The records have shown that the High Court has granted several people charged with gun-related offences bail following the guidance of the Eastern Caribbean Supreme Court bail rules.
The rules state in Section 7 that “Subject to any enactment, a court granting bail shall consider all the facts and circumstances of the particular case and have regard to principles including:
(a) whether there are substantial grounds for believing that the accused will abscond if granted bail
(b) whether there are substantial grounds for believing that the accused will commit an offence while on bail
(c) whether there are substantial grounds for believing that the accused will interfere with witnesses or otherwise obstruct the course of justice, whether in relation to themselves or any other person
(d) whether there are substantial grounds for believing that the accused should be kept in custody for their own protection or, if they are a child, for their own welfare”
Subsection 2 states, “In determining whether any of the circumstances specified in subrule (1) exist in relation to an applicant, the court shall take into account factors including:
(a) the nature and seriousness of the offence
(b) the strength of the prosecution’s case against the applicant
(c) the applicant’s character, antecedents and community ties
(d) the applicant’s record with regard to the fulfilment of their obligations under any previous grants of bail
(e) the applicant’s health profile as evidenced by a report from a medical practitioner; and
(f) any other factors which appear to be relevant”
