WMC delays discussion of resolution on expungement
Published:Saturday | June 15, 2024 | 12:06 AMAlbert Ferguson/Gleaner Writer
WESTERN BUREAU:
Councillors in the Westmoreland Municipal Corporation (WMC) have delayed their decision on a resolution seeking to amend the Criminal Records (Rehabilitation of Offenders) Act, so that persons with a criminal record who have been reformed can get a clean police record.
The resolution was moved in the St James Municipal Corporation by Councillor Senator Charles Sinclair of the Montego Bay North East Division and seconded by Councillor Joshua Cummings of the Montego Bay Central Division at their April meeting.It was then sent to Justice Minister Delroy Chuck and all other municipal corporations for their consideration and support.
Following the tabling of that resolution, Councillor Danree Delancy, mayor of Savanna-la-Mar and chairman WMC opened the floor for discussion on the motion at its monthly sitting on Thursday. However, the councillors were not prepared then to entertain the matter.
“Councillors, you have heard the resolution, what’s your take on this. Are you in support, or not to support,?” Delancy asked, following the reading of the correspondence in the minutes of the WMC by chief executive officer Andre Griffiths.
Arthel Colley, a retired deputy superintendent of police and sitting councillor for the Negril Division said the council needed more time to study the resolution before coming to a decision, given what it is seeking.
“Mr Chairman, I am not a fast learner so I am requesting a copy of the resolution and at our next meeting the matter can be discussed and a decision taken at that time,” Colley said.
Council unanimously voted in favour of that decision. The WMC ‘s decision on the resolution is expected to be made at its July meeting.
According to the resolution, job applicants are now required to produce a criminal record to compete equally with other persons not carrying the burden of a conviction.
“And whereas in 2014, the former Minister of Justice Mark Golding amended the Criminal Records Act thereby creating a third schedule which made several offences un-expungeable...,” the resolution outlined.
Sinclair, who is also an attorney argued that the maintenance of the third schedule in its absolute form will result in persons ‘who have paid their debt to society and benefited from reform, rehabilitation and training unable to acquire an appropriate record to gain employment’.
As such Sinclair, who is also the deputy president of the Senate, requested a comprehensive review of the Act. This, with a view to allow Jamaicans who have committed a crime, and have served their time but are now unable to secure jobs, to be able to take care of themselves and their families.
“Be it resolved that the Minister of Justice conducts a review and appropriate amendment to the Third schedule of the Criminal Records Rehabilitation of Offenders Act to facilitate Jamaicans with spent convictions and who are reformed, rehabilitated, and trained to be given an opportunity to have their criminal record expunged,” Sinclair motioned.