…full complement of judges, magistrates for 2019

GOVERNMENT will be expanding legal aid access in 2019, including legal assistance in the defence of minor and non-violent offenders, as well as increase the use of restorative justice.

This was announced by Finance Minister Winston Jordan during his budget presentation on Monday. In announcing that some $3.6B has been budgeted for the justice sector, Jordan told the house that a draft restorative justice bill has already been submitted to the Attorney General‘s Chambers for review. The draft bill, he said, emphasises alternative dispute resolution mechanisms which seek to repair the harm caused by criminal behavior, by facilitating constructive mediation between stakeholders.

To this end, he said that in 2019 the government will endeavour to establish a restorative justice office, as well as train around 1,200 persons across the justice sector on restorative justice. With respect to alternative sentencing measures, the government will be developing judicial policies for non-custodial measures. This will reduce the pre-trial detention by five per cent and recidivism by at least two per cent by 2021, Minister Jordan said. “We will also continue to improve the dispensation of justice, with provision being made to add another courthouse in Region One,” in addition to the four new courthouses being set up in 2018 in Grove/Diamond, Bartica, Mahdia and Kwakwani, he said.

Complement of judges
Additionally, Jordan said the government will support the judiciary as they seek to expand their complement of magistrates and judges, noting that the $3.6B allocation represents an increase of 15.8 percent over Budget 2017. The finance minister in noting that the rule of law serves as the backbone for any society, said that commissioners for the Law Reform Commission are being identified and once fully constituted and operational, the commission is anticipated to commence its critical role in the updating the laws of Guyana in 2019.

Further, with the unanimous passage of the Juvenile Justice Bill by the House, it signals a collective commitment to reform the approach in dealing with this part of the citizenry. The finance minister explained that the Act updates Guyana‘s juvenile justice system to be consistent with the Convention on the Rights of the Child, with the aim of guaranteeing juveniles access to legal assistance, re-insertion and diversion programmes, and providing children and adolescents to be accountable for their violations of the law.

“The new law incorporates diversionary measures, court appearances, sentencing, a Juvenile Justice Committee and support facilities such as a halfway house,” he said.
Additionally, Minister Jordan said that modern options and alternative measures are being explored prior to committing a child to a detention facility. “A costing of the implementation of this Act indicates that key cost drivers include, training and the establishment of a halfway house for which we will seek to identify suitable land in 2019,” he said.

AML/CFT regime
Jordan also touched on Guyana’s efforts in combatting money laundering and terrorist financing, saying that the country was proud to be elevated to Chair the Planning Level Committee of the Caribbean Financial Action Task Force (CFATF). “As nations continue to collaborate in the fight against money laundering and the financing of terrorism, Guyana must keep abreast with the emerging regulations and practices, to protect the integrity of its financial system,” he asserted.

He said the national legal framework was further strengthened with the passage of the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) (Amendment) Bill, which sought to satisfy Recommendation 2 of the Financial Action Task Force Recommendations by establishing a coordinating mechanism responsible for national AML/CFT policies. “We continued to build capacity, in 2018, with the training of judges and prosecutors in AML/CFT-related cases and Assessors Training. The government held sensitisation sessions on AML/CFT matters in Regions 3, 4, 5, 7 and 10. These sessions and training will continue in 2019, so that Guyana is fully prepared for its 4th Round Mutual Evaluation.”

Additionally, Jordan mentioned that the Financial Intelligence Unit (FIU) has also bolstered its capacity through the expansion of its reporting entities to over 200, and more categories of entities are expected to come on board in 2019, including cooperatives, commissioners of oaths and affidavits and auditors. The FIU also conducted 12 training seminars, in 2018, on AML/CFT directed at key stakeholders including banks, lottery agents and non-profit organisations. The Unit will be sourcing software, in 2019, in order to improve its intelligence gathering capabilities.