INTERCEPTION OF COMMUNICATION ACT
GETS EXTRA-TERRITORIAL REACH

Press Release
JULY 14, 2011 - Two significant features of the Interception of Communications Act have been changed to facilitate the sharing of information with a foreign state and provide extra territorial jurisdiction with respect to unauthorized disclosure of intercept information.

Extra territorial jurisdiction is the legal ability of a government to exercise authority beyond its normal or geographical boundaries.

The Bill – entitled An Act to Amend the Interception of Communications Act 2011- which was piloted by the Minister of Justice, the Hon. Delroy Chuck, was tabled in the House of Representatives on Tuesday and passed into law on Wednesday, July 13, 2011.

Interception of Communication Act

The Interception of Communication Act, which was first enacted in 2002, provides that electronic interception of a private telephone call may be done pursuant to an order from a judge based upon legally sufficient application for a warrant.

The statute, which is only applicable in Jamaica, limits both the persons who can conduct the court-ordered interception as well as the persons to whom the intercepted communications can be disseminated. Simply put, the law limits the persons who can listen to or read transcripts of the intercepted communication. It is a crime under the Act for an authorized officer to disclose intercepted information to someone who was not authorized by the court to have the information disclosed.

Absence of an extra-territorial application 

Speaking in the House on Tuesday, the Justice Minister highlighted that in the absence of an extra-territorial application (in the Act), a policy decision was made by the Government of Jamaica for domestic law to permit and facilitate the sharing of information with external law enforcement authorities for evidential purposes. This evidence could assist in the prosecution of criminal offenders where such offences occurred in foreign countries or are being investigated by such authorities in foreign countries with which Jamaica has entered into appropriate treaty arrangements.  

In light of this, Mr. Chuck said, a proposal was made to amend Act so that when an order is made to intercept a conversation over a telecommunications network, of persons suspected of being involved in crimes committed under the Act, the judge will have the power to make an order which will allow the information to be used by a foreign government or agency thereof for the purpose of introducing it as evidence in court proceedings.

For extra-territorial jurisdiction in respect of the offence of unauthorized disclosure of intercepted communications, the Act (before it was amended) made it an offence if a person intentionally discloses the contents of any communication obtained by means of a warrant, to a person to whom he is not authorized to disclose the communication or the content of any communication obtained in contravention of the Act.  However, this section was applicable only in Jamaica.

To that end, the Government of Jamaica amended the Act to extend extra territorial jurisdiction in respect of the offence of unauthorized disclosure.

New Letters of Administration and Probate fees gazetted

Extended Caption

The Chief Justice, the Hon. Zailia McCalla has agreed to put in special arrangements in place to clear the outstanding Letters of Administration and Probate that were awaiting the gazetting of the new fees. This was one of several issues discussed in a meeting between the Minister of Justice, Hon Delroy Chuck and Chief Justice on Tuesday, July 12, 2011. The new fees were gazetted on Monday, July 11, 2011.

In April of this year, fees on Probate and Letters of Administration that are in the system as at April 27, 2011 were reduced and a flat payment of $5,000 became applicable. This was instituted by the Minister of Finance and the Public Service, Hon. Audley Shaw as a part of the raft of revenue measures aimed at stimulating growth in the economy. (Photo by: Kahmile Reid)

 

High level meetings with justice

officials underway

Press Release 

Paula Llewellyn;Director of Public Prosecution,  and the Minister of Justice  the Hon. Delroy Chuck.

From Left: Deputy Directors of Public Prosecution: Jeremy Taylor, Diahann Gordon Harrison; Minister of Justice, Hon. Delroy Chuck; Director of Public Prosecution, Paula Llewellyn; Deputy Director of Public Prosecution, Dirk Harrison. (Photos by: Kahmile Reid)

JULY 9, 2011 - Several high level meetings with key stakeholders in the justice system are on the new Justice Minister's agenda for the next three to four weeks.

Minister Delroy Chuck who was sworn in on July 5, 2011 has essentially hit the ground running in his first week as he has already met with the staff of the Ministry's head office on Oxford Road. Additionally, Minister Chuck met with the Director of Public Prosecutions, Ms. Paula Llewellyn; the Solicitor General, Mr. Douglas Leys and head of the Independent Commission of Investigations (INDECOM), Mr. Terrence Williams.

“It is important that I meet with these persons at this stage of my tenure as I need to know their concerns and challenges in order to address them. I am taking a collaborative and consultative approach toward addressing these concerns; I believe this approach will set the right tone going forward.” 

Chief among the issues discussed with Ms Llewellyn is the need to establish some interim protocol with INDECOM in a bid to have the Commission proceed with some aspects of its work. There were also discussions on the issues of remuneration for crown prosecutors as well as the need increase the number of prosecutors, case backlog, the Coroner’s Court

Mr. Chuck is also slated to meet with the Chief Justice, the Hon. Zailia McCalla O.J. and the President of the Bar Association, Mr. Ian Wilkinson.

He pointed out that in many respects, he does not intend to re-invent the wheel as he is, to an extent, satisfied with some of the progammes and policies that the Ministry has been working on or has in place.

One of the priority issues to be discussed in these meetings include, clearing the case backlog.

“We have to look at the backlog, we need to ensure that we have more timely and speedy delivery of justice, I plan to engage the RMs, the judges to see how best we can deal with this backlog. When I look at the figures more new cases are coming to the courts than cases being disposed of on an annual basis. That is priority for me.”

Further, the Minister said some of the other issues up for discussion include the implementation of a social component to the delivery of justice, improved access to justice through further increasing the number of judges, strengthening legal aid service delivery and establishing a sound court infrastructure.

Ms Llewellyn, who attended the meeting with six of her deputies, said her office was quite happy to have accepted the invitation of the Minister to meet with him to discuss areas of mutual concern and to chart a way forward. “This will enable all of us as partners in the administration of justice to make sure that we craft and implement strategies that will enhance the operational deficiencies of the administration of justice in the public interest.

 “We stand ready, as we have in the past, in the present, and in the future, to continue serving the public interest and to do our professional best to deliver quality service to Jamaica,” Ms Llewellyn said.

“Based on the recommendations of the Justice Reform Task Force, the Ministry has begun to institute many programmes and policies that will greatly assist in the clearing of the backlog as well as restore trust and confidence in the justice system. It has to be an effort on the part of all stakeholders in the justice system, at all levels,” the Justice Minister said.