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Lawyers say extended detention unsure
published: Friday | July 25, 2008

Jamaican lawyers who have practised in First-World countries yesterday criticised a few of the anti-crime measures that were announced by Prime Minister Bruce Golding in Parliament on Tuesday.

Patrick Atkinson, who served within the criminal and civil courts of California in the United States (US) for more than 18 years, said yesterday that the proposed detention for 72 hours without being charged is an act that most countries do not practise.

Special circumstance

Atkinson explained that outside of special cases, which are usually instances of terrorism, in the US, a suspect must be taken before a judge or a magistrate within 24 hours.

"I cannot recall one client in detention without being charged," he said.

Oswald James, who worked as a criminal and civil lawyer in Ontario, Canada, from 1997 to 2000, said importance must be placed on the Constitution that states that a man is innocent until proven guilty.

James said in the North American country, an accused must be brought before the court within 24 hours.

Similarly to the US, an accused may be detained without charge only in special cases.

James told The Gleaner that in Ontario, the courts are opened for bail hearings on Saturdays and Sundays.

"There are 10 jurisdiction in Canada, but the criminal code is common throughout the country, while each will have its own civil procedure law," said James.

James and Atkinson also agreed that Golding's new bail proposal warranted serious consideration.

Golding has suggested that suspects charged with a serious offence be denied bail for the first 60 days after being arrested.

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