STATEMENT TO PARLIAMENT ON THE TRANSFER OF GANJA-RELATED CASES FROM THE JURISDICTION OF THE RESIDENT MAGISTRATES’ COURTS TO THE COURTS OF SUMMARY JURISDICTION (PETTY SESSIONS COURTS)
MADAM SPEAKER,
MEMBERS OF THIS HONOURABLE HOUSE
Members may recall that when I assumed office as Minister of Justice in July 2011, I stressed that one of my goals for the duration of my tenure as Minister, was to significantly reduce the backlog of cases in the Justice System. As one who has practised for years in the several Courts in Jamaica, I know only too well that there is a severe backlog of cases at all levels of the Court system; particularly in the Resident Magistrates’ Courts and the Supreme Court. In the Justice Ministry we have done a thorough analysis of this perennial problem and have identified some ways in which we can tackle the problem with a view to significantly reducing the present chronic state of backlog.
One of the ways, I submit, Madam Speaker, in which a case backlog reduction strategy can yield positive results is to place those cases involving minor offences within the jurisdiction of the Petty Sessions Courts by moving them out of the jurisdiction of the Resident Magistrates’ Courts. In this regard, we have looked at the overwhelming volume of ganja related cases currently before the Resident Magistrates’ (RM) Courts and the urgent need to free up the judicial officers and Court staff so that they can address the more serious and complex matters in their caseload, with a view to reducing the backlog.
Based on our analysis of the data presented, a Submission was made to Cabinet, seeking approval to transfer certain ganja-related cases from the Resident Magistrates’ Courts to the Petty Sessions Courts. Cabinet has given its approval in principle of the proposal, and for a Statement on the subject to be made to this Honourable House by the Minister responsible.
Let me hasten, Madam Speaker, to make it abundantly clear to all the Members of this Honorable House and to the people of Jamaica whom we represent, as well as to those others with a vested interest in the social-economic well-being of this Country, that this proposal is not a signal (either expressed or implied) that the Government of Jamaica is advocating the decriminalisation of the use of ganja as was recommended by the National Commission on Ganja in 2001. My Government intends to continue and to hold steadfast to the hard line it has taken against the use of illegal substances and the attendant nefarious and criminal activities associated with it such as drug trafficking.
Indeed, Madam Speaker, we are moving ahead with our proposal to increase the penalties for the more serious drug-related offences in that regard we are conducting, with the assistance of the Commissioner of Police, research to do a comparative analysis of what obtains in other jurisdictions as far as it relates to penalties for serious drug offences. As soon as that research is completed, I will be making the appropriate submissions to Cabinet with a view to having the necessary amendments made to the relevant laws.
The proposal contained in the Statement that I am about to make before this Honourable House today, with respect to the transfer of certain ganja-related cases to the lower Courts, is a strategic measure aimed entirely at alleviating the existing burden on the caseload in the RM Courts so that ultimately, it contributes to the reduction of the backlog of unresolved criminal cases which currently stands in excess of 414,000.
Madam Speaker, we are all well aware that Ganja is widely used in Jamaica for recreational and religious purposes as well as folk medicine. Although the drug remains illegal in Jamaica, between 20% to 40% of Jamaicans are users of this substance, among them, members of the Rastafarian faith who use it as part of their religious sacraments.
The Dangerous Drug Act prohibits the possession and smoking of ganja. and prescribes that every person who has in his possession any ganja shall be guilty of an offence and if convicted before a Circuit Court, shall be sentenced to a fine or to imprisonment for a term not exceeding 5 years or to both a fine and imprisonment. Alternatively, upon summary conviction before a Resident Magistrate, the offender is liable to a fine not exceeding $100 for each ounce of ganja, provided that the fine does not exceed $15,000, or imprisonment for a term not exceeding 3 years; or both such fine and imprisonment.
Madam Speaker, the Drug Court (Treatment and Rehabilitation of Offenders) Act prescribes a health-related rather than punitive approach to drug use. It provides for the establishment of a Drug Court aimed at facilitating the treatment and rehabilitation of drug offenders. This Court is presided over by a Resident Magistrate sitting with two Justices of the Peace who have jurisdiction with respect to any offence triable in a Resident Magistrate’s Court. Every participant in the Drug Court Programme is required to give written consent to his or her participation as an alternative to the imposition of a custodial sentence .Where consent is given and the participant successfully completes the Programme, he or she may be discharged either with or without conditions . Additionally, a conviction in respect of the relevant offence does not form part of the criminal record of the offender who successfully completes the prescribed treatment programme.
With respect to ganja, the Drug Court will hear cases involving smoking or otherwise using the substance, possession of utensils in connection with smoking, and possession of up to eight ounces of the drug. The establishment of this Court in Jamaica has set a precedent for the establishment of similar diversionary mechanisms to treat with persons who by their own admission are users of ganja.
The proposal to remove those cases involving the possession of a small quantity of ganja from the jurisdiction of the RM Court to that of the Petty Sessions Courts recognises that the current provisions of the Dangerous Drugs Act do not provide for rehabilitation as an option for persons convicted of possession of small quantities of ganja, but instead prescribe the same penalty as for other offenders who are convicted of possession of larger amounts of the drug.
Persons convicted of ganja possession of whatever quantity, also incur a criminal record, the expungement of which is available only if the offence attracted a non-custodial sentence or a sentence of imprisonment not exceeding 3 years and the offender does not commit another offence during the period of rehabilitation as provided in the Criminal Records (Rehabilitation of Offenders) Act.
Madam Speaker, the ongoing clampdown by the Security Forces on the use, trade and export of ganja and the high volume of cases that have to be heard in the Resident Magistrates’ Courts as a consequence, has resulted in clogging up the system, overloading the work of the judicial officers and other Court staff who must process these cases, and most importantly, contributing to a marked inefficiency and protracted delays in the disposal of other cases involving far more serious offences.
A recent study found that the majority of the more than 6,000 cases involving the offence of possession of illegal substances that were disposed of in 2009 in the Resident Magistrates’ Courts were for the possession of ganja in quantities of less than one ounce (28 grams). As of the end of July 2011, more than 1,100 of the 8,700 persons appearing before the Resident Magistrates’ Courts were on charges of possession of ganja in quantities similar to those revealed in the study.
The Security Forces, Madam Speaker, have also been hard pressed to bring all ganja related cases to the RM Courts given the pervasiveness of the indiscriminate use of this substance across the island. It would undoubtedly be more cost effective to bring offenders who are charged with possession of small quantities of ganja to the Petty Sessions Court as the processes there are relatively simple and do not occupy the same level of time and resources required for prosecution in the RM Courts.
Even as the Security Forces exercise care in pursuing persons who breach the Dangerous Drugs Act and other anti-narcotics legislation, the potential does exist for police excesses in the arrest and detention of persons on charges of possession of small quantities of ganja. With the proposed transfer of these cases to the Petty Sessions Courts, we expect to see a shortened process that will allow for a swifter disposal of such cases in those instances where the accused persons plead Guilty. Of course, if an accused pleads Not Guilty, then his/her case will be sent to the RM Court for hearing and disposal.
Madam Speaker, there has been some debate as to what is meant by “small quantities” of ganja and I wish to say that we are referring to quantities not exceeding 8 ounces or the metric equivalent. This definition is justifiable as this quantity relates mostly to persons who are found in possession of the drug for personal use rather than for trade. Furthermore, 8 ounces is the maximum amount prescribed in the Drug Curt (Treatment and Rehabilitation of Offenders) Act for admission to the Drug Court Programme and we need to maintain consistency. Experience has also demonstrated that most of the cases relating to ganja which are brought before the Resident Magistrates’ Courts involve offenders who have been arrested while in possession of or smoking a “spliff” – a cigarette made with ganja.
Persons charged with possession of ganja with the intent to deal, traffic, and trade and export , as well as possession of the drug in quantities exceeding 8 ounces, will continue to be tried in the Resident Magistrates’ Courts as prescribed under the Dangerous Drugs Act. Persons who flagrantly and indiscriminately smoke or otherwise use ganja in public spaces will also be prosecuted in the Resident Magistrates’ Courts, and the failure of an accused to abide by the ruling of the Petty Sessions Court, in paying the fine imposed, will also result in the case being placed before a Resident Magistrate’s Court.
What are the implications for this transfer of the minor ganja- related offences to the Petty Sessions Courts?
Madam Speaker, the proposal being advocated is for the differentiation of treatment between those persons charged with possession of quantities of ganja below a prescribed amount (in this case 8 ounces or less) from those persons charged with possession of larger quantities. This will result in a reduction in the number of ganja related cases heard each year in the Resident Magistrates’ Courts as only those cases involving quantities in excess of the prescribed amount will remain under the jurisdiction of these Courts with the effect that the overall caseload in the RM Court will diminish to allow the Judges to focus and engage more judicial time on the more complex and serious cases.
Additionally, Madam Speaker, the Ministry is currently reviewing the jurisdiction of the Courts of Petty Sessions with a view to expansion, and so this move will serve the dual purpose of reducing the volume of cases heard in the RM Courts and at the same time increasing access to justice by the ordinary citizen. Consultations with key stakeholders have so far yielded positive support for this initiative.
The possession of small quantities of ganja can be regarded as a summary matter for which the offender often pleads guilty as the evidence against him is incontrovertible. The amendment of the Justices of the Peace Jurisdiction Act would however be required to make provision for the offence to be triable in the Petty Sessions Courts. Speedier disposal of such cases will also be achieved, with the concurrent benefit of reducing the backlog, since such matters are usually disposed of within three months of filing in the RM Courts and there is the real potential for an even faster adjudication within the Petty Sessions Courts.
One may ask, Madam Speaker, how does the Ministry of Justice intend to strengthen the capacity of the Petty Sessions Courts to handle the volume of these cases when the transfer takes effect?
The short answer, Madam Speaker, is that the institutional capacity of the Petty Sessions Courts will be strengthened through the appointment of an increased number of Justices of the Peace to serve in these Courts, as well as for the implementation of more intensive training for them. The current estimate is that there are 1,500 Justices of the Peace who serve in the Petty Sessions Courts islandwide. To support an increase in that number of Justices of the Peace serving the Courts, more Clerks of Courts will also be required. Intensive training in the provisions of the relevant Acts, such as the Dangerous Drugs Act, will become necessary and in this regard, the Justice Training Institute (JTI) ,the training agency of the Ministry will be asked to develop the necessary curricula to provide specialized training for JPs in this and related areas.
As far as it relates to the capacity of the physical infrastructure, the transfer of these cases to the Petty Sessions Courts will call for us to maximize the use of existing outstations as Courts. In addition, alternative venues may be brought into the mix of locations at which such cases may be heard. To respond to the increase in the caseload of the Petty Sessions Courts, the frequency of sittings of these Courts, which currently averages four times per month, may also have to be increased.
Members of this House should be made aware, Madam Speaker, that the proposal to remove cases relating to small quantities of ganja from the RM Courts to the Petty Sessions Courts does not contravene or offend any existing International Convention or Protocol on Narcotic or Psychotropic Substances to which Jamaica is a State Party.
Madam Speaker, Jamaica remains committed to these as well as any future International Conventions and Protocols in its fight against trafficking in narcotics and substance abuse. This proposal does not represent a “softening” of this Government’s position on ganja but rather a calculated attempt at increasing efficiencies in the prosecution and treatment of drug abuse offenders.
In addition to the Justice of the Peace Jurisdiction Act, amendment of the Dangerous Drugs Act and the Drug Court (Treatment and Rehabilitation of Offenders) Act will be necessary to give effect to the proposal.
Understandably, the proposal will have cost implications as they relate to the employment of additional Clerks of Courts to work in the Petty Sessions Courts, as well as the costs of preparing and equipping more spaces for court sittings. The necessary follow-up treatment programme provided under the Drug Court Programme (which is also under review) will also involve increased costs to accommodate a higher number of clients who will be referred to the Drug Court from the Petty Sessions Courts.
Madam Speaker, notwithstanding this, I believe we can say, with some conviction, that Savings will accrue in the reduction of the costs associated with the prosecution of persons charged with small quantities of ganja, particularly in terms of the costs of judicial time and case preparation.
Finally, Madam Speaker, I want to assure the Members of this Honorable House that the proposal for transfer of these cases will be taken to the key stakeholders for their feedback before the final position is decided. The key objective of these consultations will be to arrive at consensus on the proposal and to determine the various amendments to the relevant statutes that will be required to bring it into effect. The Ministry of Finance and the Public Service will also be consulted and its comments taken into account with regard to the proposal and the costs implications.
THANK YOU, Madam Speaker.
