by Linda Straker
- Assent was granted on 16 July; amendments published in 26 June 2024 edition of Government Gazette
- Offences under Firearms Act will be elevated to “very serious” as of 30 July
- Amendment to Criminal Procedure Code extend categories of offences
Two pieces of legislation recently amended to make gun-related offences non bailable in the Magistrate Court have gone through all the legal administrative steps. As promised by Senator Claudette Joseph, Attorney General and Minister for Legal Affairs, they are scheduled to go into effect as of 1 August.
The last 2 steps after getting approval from Members of Parliament were assent by the Governor-General Dame Cecile La Grenade and publication in the weekly Government Gazette. Assent was granted on 16 July and amendments published in the 26 June 2024 edition of the Government Gazette were the amendment to the Firearms Act, Chapter 105 and the amendment to the Criminal Procedure Code, Chapter 72B.
The amendment — among other things, such as increasing the penalty for some offences — restricts magistrates from granting bail to anyone charged under the Firearms Act. During the debate in the Upper House, Senator Joseph said that the reason why magistrates will no longer be authorised to issue bail for a person charged under the Firearms Act is because offences under that legislation will be elevated to “very serious” as of 30 July.
“It can be clearly seen from the new penalties by this amended legislation we are elevating the offences committed under the Firearms Act as very serious offences warranting an application to the Judge to be admitted to bail in the same way as an application is required to be made to the Judge when the offences of murder or treason are committed,” Joseph told the Upper House on Wednesday, 26 June 2024 as she debated the amendment to the Criminal Procedure Code (Amendment) 2024.
The amendment to the Criminal Procedure Code extends the categories of offences in respect of which a magistrate shall not admit a person to bail to include offences under the Firearms Act that are punishable by imprisonment for a term of 5 years or more. “Anyone committing these offences will not be able to get bail from the magistrate anymore because of the serious nature of the offence,” Joseph told the Upper House during the debate.
Described as draconian by Prime Minister Dickon Mitchell, the 28 amendments to the Firearms Act are coming at a time when Grenada is recording a high number of firearm offences and, at the same time, confiscating record-breaking numbers of firearms.
Currently the Criminal Procedure Code authorises the magistrate to grant bail once the charge is not for murder, treason, misprision of treason and treason-felony.
