— data vital to aid reform, says Attorney Hughes

THE current state of the overpopulated prison system is part of the systemic weaknesses facing the criminal justice system in Guyana, former Magistrate Omeyana Hamilton-Dummett has said.
She offered her views in light of two major prison riots in the past two years that have resulted in deaths and prisoners escaping.
On March 3, 2016, 17 prisoners died at the Camp Street Prison after a fire was set during hours of unrest. Just over a year after, on July, 9, 2017, another fire was set at the Camp Street prison, this time burning most of the buildings to the ground.
Following the July 9 fire, about 1000 inmates from Camp Street were transferred to the Lusignan Prison and since then, there have been a number of disturbances. Thirteen of the prisoners there escaped, but the majority of them have been recaptured.
All the prisons in Guyana are overcrowded, and a Commission of Inquiry into the first Camp Street fire noted that the situation could have been avoided if overcrowding there had been addressed.

Hamilton-Dummett said the current state of affairs is not attributable to one factor, but to a combination of unaddressed issues.
“The fact is that for decades there has been no comprehensive criminal justice reform. The Guyana Police Force, the criminal courts and the prison system were basically the same position as there [sic] were despite the passage of time and availability of modern technology and methodologies,” said Hamilton-Dummett, who now practises as a criminal lawyer.
She said there is need for abolition of mandatory sentences for “soft drugs” and/or small amounts, stressing that the focus in these instances should be on counselling and rehabilitation of the addict/offender.
The result of incarceration for soft drugs and minor offences is the criminalisation of persons, who otherwise (with intervention) could have been contributing members of the society.
“Incarceration in and of itself for serious offences, isn’t altogether negative, because society has to be protected from damaging criminality, example, murderers and perpetrators of robbery under arms etc,” Hamilton- Dummett contended.

ASSESSMENT NEEDED
But noted: “Criminality often is fostered and bred in or by group dynamics and it is untenable and counter-productive to co-mingle hardened criminals with novices. We therefore have to completely reassess how we manage petty offences and offenders. There needs to be a minimum security/ rehabilitation centre for persons who are convicted of relatively minor offences.”
The attorney also pointed out that the issue of recidivism is closely connected with lack of opportunities and improper re-integration into society and emphasised that intense counselling, provision of opportunities to work and learn a trade, among other steps, can help in solving this problem.
“Programmes should be created where companies and industries get tax breaks for hiring ex-offenders and follow-up services, whereby the person is being monitored and mentored,” she said.

And on that note, she noted that “We have to have the political will to transform the way that we see criminality and deal with the root causes of crime. It is my respectful opinion that this requires Executive attention and action. When the Executive makes a policy-decision regarding its treatment of crime and criminality, this would translate into legislative action and ultimately it would be sanctioned and, or followed by the courts.”
This aside, she stressed that persons charged should be given speedy trials, but there are some notable limitations.
“For example, magistrates and judges still take hand-written notes. There is in no electronic recording service. This is a painstaking process for all the parties involved; the witness, the prosecutor, defence counsel, magistrate/judge. People may find it easy to cast blame on the judiciary, but this is one of the serious limitations of expediting justice in a timely manner,” the former magistrate pointed out.
She said all aspects of the criminal justice system in Guyana are in need of reform and strengthening. The police have to be better equipped and retrained for crime- fighting, crime-solving and monitoring in the modern world.
Adding that a police DNA testing facility is necessary and can reduce trial times as well as eliminate suspects and allow the police to focus on the right direction, Attorney Hamilton-Dummett said the police force has to be adequately equipped.
This, she noted, will assist in eroding the culture of lengthy remands.
“The magistrate courts and high courts are in dire need of complete digitisation. There should be emphasis on strengthening the magistrate courts because these tribunals hear and determine over 80 per cent of all criminal matters. Digitisation and the presence of electronic recorders would facilitate drastic reduction of trial time,” the former magistrate noted.
Prominent Attorney Nigel Hughes agreed with Attorney Hamilton-Dummett that prison reform should not be isolated from broader criminal justice reform, but stressed that these must be guided by data to ensure proper analyses.

NON-CUSTODIAL SANCTIONS
According to Hughes, there is need for non-custodial sanctions and measures which reflect a fundamental change in the approach to crime, offenders and their place in society.
He said attention should move away from punishment and isolation to restorative justice and re-integration.
Hughes said this when accompanied by adequate support, offenders are less likely to return to a life of crime.
Ex-inmate Howard Jeffrey said not having a pay cheque is part of the problem which results in recidivism.

He said finding a job is hard these days, “but finding one when you have a criminal record can be all but impossible,” adding that “I made dumb mistakes when I was younger that led to my conviction, but there’s a lot more to me than just that.”
Introduction and implementation of non-custodial sanctions and measures, Hughes said, is a key element in prison reform.
Hughes also contends that there is need for a historical review on the modern philosophy of criminal punishments, along with a review of mandatory sentencing, imprisonment for soft drugs of small amounts and the mixing of hardened prisoners with minor offenders.
In addition, he noted that reliable data is vital in understanding the issue of incarceration and the criminal justice system.
A senior prison officer also spoke with the Guyana Chronicle but requested anonymity.
He said in order for the prison system to be managed in a fair and humane manner, national legislation, policies and practices to protect warders and the human rights of prisoners must be adhered to.
He explained that prison authorities have a responsibility to ensure supervision and treatment of prisoners are in line with the rule of law, with respect to individuals’ human rights, and that the period of imprisonment is used to prepare prisoners for life outside of prison when released.

SELDOM HAPPENS
However, he noted that this seldom happens.
The senior prison officer also noted that national legislation and rules relating to the management of prisons are outdated.
In many countries, the prison department is under the authority of the police or military institutions.
Locally, managers and staff have no specific training on prison management and the system suffers from understaffing.
“Staff morale is usually low and effective leadership to drive prison reform is lacking,” he said, adding that “There is need for sound policies and strategies based on reliable, factual data to actually have any real change.”
Senior Counsel Peter Pursglove, who has been hired by government and the Inter-American Development Bank’s (IDB) under the Citizen Security Strengthening Programme, has held a series of consultations from July 24- 28 to gather data for a study on alternatives to pre-trial detention.
Among the consultant’s task are: reviewing criminal laws in order to flag for legislative review any offences that need no longer be classified as criminal acts or which may now be decriminalised; collecting and analysing the relevant statistical information relating to the various offender groups that may be targeted by any diversion programmes; and consulting on the possibility of developing a diversion strategy aimed at diverting certain types of offenders out of the criminal justice system.
He will also investigate the possibility of establishing a pilot-diversion programme for the mentally ill to ensure that offenders with mental health problems who enter the criminal justice system are identified and directed towards appropriate mental health care.
This is in addition to examining the prospects of establishing a diversion strategy for alcohol and substance abusers, aimed at curbing alcohol and drug-related crime and exploring possibilities for the use of restorative justice as a diversion mechanism and alternatives to imprisonment in respect of matters that would otherwise be subject to criminal sanctions.