Press Release From the PNP - October 26, 2026
Kingston, Jamaica. October 26, 2026: The Opposition Spokesperson on Justice, MP Zuleika Jess, has expressed strong reservations about the National Security Council’s recommendation to increase the mandatory minimum sentence for illegal possession of firearms from 15 years to 20 years, without adequately addressing the legislation's flaws.
While reaffirming the Opposition’s unwavering commitment to removing illegal firearms from Jamaica’s streets and aggressively dismantling criminal enterprises, MP Jess warned that the government’s approach relies heavily on public relations headlines rather than operational logic.
The Opposition is formally calling for the inclusion of an “exceptional circumstances clause” within the law, which would restore judicial discretion and empower judges to consider mitigating factors and the peculiar circumstances of each individual case. “Simply moving the goalposts from 15 to 20 years does nothing to solve the deeper operational crisis this legislation has created,” MP Jess said. “The existing rigid, ‘one-size-fits-all’ framework has completely paralysed plea bargaining in our legal system. When individuals face an unyielding, severe baseline sentence with absolutely no incentive to plead guilty early, they choose to take their chances with a full trial. This total freeze on plea negotiations has caused a backlog in our Courts and delayed justice for victims of violent crime.”
The Opposition highlights that legal stakeholders, including the Jamaican Bar Association and the Advocates’ Association of Jamaica, have consistently raised alarms over how stripping judges of judicial discretion harms the efficiency of the courts. By raising the mandatory minimum even further without a safety valve like an exceptional circumstances clause, the government risks exacerbating the backlog and forcing an unmanageable caseload onto an already strained judiciary. “Judges must not be reduced to rubber stamps,” MP Jess emphasised. “An exceptional circumstances clause is vital to ensure our justice system can distinguish between a hardened, violent gang leader and someone operating under severe duress, coercion, or highly unusual mitigating factors. True justice requires context, not blind arithmetic.”
While welcoming distinct, targeted legislation aimed at penalising predatory adults who groom children to carry firearms, MP Jess emphasised that comprehensive crime fighting requires systemic balance, operational functionality, and constitutional soundness.
The Opposition continues to call for a balanced, bipartisan approach that heavily penalises violent gun criminals while preserving judicial independence, protecting rights, and ensuring the swift execution of justice within the Jamaican court system.
Editor's Note
Having a gun without a licence or using a gun to injure or kill someone has to be treated as a serious crime. Criminals must not feel that by just pleading guilty their court case will be shorter and their sentence will be less. Other solutions must be found to clear the backlog of cases. They are lucky that the proposal is for a mandatory sentence, because the proposal could be for the death penalty.
One way to clear the backlog is to move things like traffic tickets out of the judicial system and set up community courts to deal with petty crimes. Lawyers must have a backup if they cannot attend a trial, or they should be fined to prevent delaying the trial. Courts must start on time.
Capital punishment and long mandatory sentences are ways of removing criminals from society. Too much time is spent looking after the interests of criminals while the victims suffer. Some have their lives taken from them while the murderers get a few years in prison. The Silver murder case is a good example of that.
Discretion can lead to corruption.
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