bahamiangoddess
06-26-08, - 01:37 PM
Bill may usher in electronic monitoring
By KRYSTEL ROLLE, Guardian Staff Reporter, krystel@nasguard.com
Convicted and suspected criminals could be subjected to an electronic monitoring system that will track their every move, under proposed changes to the Penal Code.
And, persons convicted of a sexual offense may be required to notify the police of their current place of work and of any educational, sporting, civic or other activities that they are involved in.
The proposed changes are among a number of amendments outlined in a bill to amend a variety of acts related to the criminal law tabled in the House of Assembly yesterday by Prime Minister Hubert Ingraham.
Debate on that bill, which seeks to amend the Penal Code, the Criminal Procedure Code Act, the Sexual Offenses and Domestic Violence Act and the Mental Health Act, is expected to begin when the House resumes after its summer break.
"The new clause will allow the court to order, if it thinks fit, that where any person is convicted of any offense punishable with imprisonment for a period of three years or less, that in lieu of imprisonment or any part thereof, such person be subject to electronic monitoring," according to the bill.
It continued: "There are many advantages associated with electronic monitoring in lieu of imprisonment. Such technology will provide an alternative sentence for the criminal justice system. Less serious or first time offenders may be subject to electronic monitoring as opposed to being imprisoned. This alternative sanction will allow such persons to remain employed and therefore support their family and will also reduce the overall prison population."
The bill will also give power to the court to impose electronic monitoring as a condition to bail, which will help keep track of offenders and will also improve assurance of appearance at trial.
And the new section of the bill maintains the provision for persons subject to police supervision to report once in each month on a day directed by the court.
Changes to the Domestic Violence and Sexual Offenses Act seek to amend provisions in respect to sexual offenses.
The bill will amend several sections of the act to allow for the removal of the present limitations on sentencing powers and allow the judge to impose an increased sentence period in some instances and in others, a sentence for any period up to a maximum term of life imprisonment.
The bill lists three reasons for the proposed amendments, including the high occurrence in the number of rapes in New Providence and the Family Islands involving locals (including minors) and tourists in recent years; the degree of violence or cruelty inflicted by an accused person in some cases and the additional concern of the transmission of sexually transmitted diseases, some of which are incurable and as a result have long term consequences.
Legislators are hoping that the imposition of stiffer penalties will deter such criminal acts.
Currently the act only allows for a life sentence to be determined in some instances where a person is being convicted for his third offense.
The bill will also allow the judge to impose lighter sentences, in cases where the sentence is too harsh.
Several other amendments are also provided in the bill.
If passed, the bill will amend the section of the act to exclude the defense of not knowing that the person was under 14 in respect of the offense of sexual intercourse with a minor.
As a result the person will be held liable for the offense whether the person claims that he or she did not know, or had any means of knowing that the person with whom the offense was committed was under 14 years old.
The clause also seeks to remove the time period for the commencement of the prosecution of an offense under this section.
In addition, the section is also amended by the insertion of the words, "or had reasonable cause to suspect that" in relation to the offense and attempt of sexual intercourse with a person suffering from a mental disorder, according to the bill.
The clause also makes new provisions for offenses involving child pornography.
Persons who produce, receive, disseminate, possess, or intentionally causes or incites a person under the age of 18 to be involved in child pornography will be in breach of the law.
"While a person under the age of 18 years may be able to freely consent to sexual relations, such an individual is not legally able to consent to any from of sexual exploitation, including child pornography," the bill outlines.
By KRYSTEL ROLLE, Guardian Staff Reporter, krystel@nasguard.com
Convicted and suspected criminals could be subjected to an electronic monitoring system that will track their every move, under proposed changes to the Penal Code.
And, persons convicted of a sexual offense may be required to notify the police of their current place of work and of any educational, sporting, civic or other activities that they are involved in.
The proposed changes are among a number of amendments outlined in a bill to amend a variety of acts related to the criminal law tabled in the House of Assembly yesterday by Prime Minister Hubert Ingraham.
Debate on that bill, which seeks to amend the Penal Code, the Criminal Procedure Code Act, the Sexual Offenses and Domestic Violence Act and the Mental Health Act, is expected to begin when the House resumes after its summer break.
"The new clause will allow the court to order, if it thinks fit, that where any person is convicted of any offense punishable with imprisonment for a period of three years or less, that in lieu of imprisonment or any part thereof, such person be subject to electronic monitoring," according to the bill.
It continued: "There are many advantages associated with electronic monitoring in lieu of imprisonment. Such technology will provide an alternative sentence for the criminal justice system. Less serious or first time offenders may be subject to electronic monitoring as opposed to being imprisoned. This alternative sanction will allow such persons to remain employed and therefore support their family and will also reduce the overall prison population."
The bill will also give power to the court to impose electronic monitoring as a condition to bail, which will help keep track of offenders and will also improve assurance of appearance at trial.
And the new section of the bill maintains the provision for persons subject to police supervision to report once in each month on a day directed by the court.
Changes to the Domestic Violence and Sexual Offenses Act seek to amend provisions in respect to sexual offenses.
The bill will amend several sections of the act to allow for the removal of the present limitations on sentencing powers and allow the judge to impose an increased sentence period in some instances and in others, a sentence for any period up to a maximum term of life imprisonment.
The bill lists three reasons for the proposed amendments, including the high occurrence in the number of rapes in New Providence and the Family Islands involving locals (including minors) and tourists in recent years; the degree of violence or cruelty inflicted by an accused person in some cases and the additional concern of the transmission of sexually transmitted diseases, some of which are incurable and as a result have long term consequences.
Legislators are hoping that the imposition of stiffer penalties will deter such criminal acts.
Currently the act only allows for a life sentence to be determined in some instances where a person is being convicted for his third offense.
The bill will also allow the judge to impose lighter sentences, in cases where the sentence is too harsh.
Several other amendments are also provided in the bill.
If passed, the bill will amend the section of the act to exclude the defense of not knowing that the person was under 14 in respect of the offense of sexual intercourse with a minor.
As a result the person will be held liable for the offense whether the person claims that he or she did not know, or had any means of knowing that the person with whom the offense was committed was under 14 years old.
The clause also seeks to remove the time period for the commencement of the prosecution of an offense under this section.
In addition, the section is also amended by the insertion of the words, "or had reasonable cause to suspect that" in relation to the offense and attempt of sexual intercourse with a person suffering from a mental disorder, according to the bill.
The clause also makes new provisions for offenses involving child pornography.
Persons who produce, receive, disseminate, possess, or intentionally causes or incites a person under the age of 18 to be involved in child pornography will be in breach of the law.
"While a person under the age of 18 years may be able to freely consent to sexual relations, such an individual is not legally able to consent to any from of sexual exploitation, including child pornography," the bill outlines.