‘Submit comments now on Sexual Offences Act’ Govt. tells Opposition

May 30, 2024 News

Attorney General and Minister of Legal Affairs, Anil Nandlall, SC

Kaieteur News – Attorney General and Minister of Legal Affairs, Anil Nandlall, SC has urged the Parliamentary Opposition to submit their feedback on the Sexual Offences (Amendment) Bill of 2024 now and do not wait until the bill is being debated in the House.

During his weekly “Issues in the News” programme on Tuesday night, Nandlall assured that all feedback will be taken onboard and used to inform the creation of the Bill which will be tabled in the National Assembly. Particularly, he made the call on the Opposition Parliamentarians to make their submissions early and avoid submitting them last minute. There is a noticeable trend with the Opposition, to comment on new bills by the government but not actually utilising the feedback period to make submissions.

Nandlall said: “There is a view out there that the Principal Act is harsh, that it is oppressive (and) it tends to be biased in a particular direction.” He continued, “Well, this is the opportunity for those who hold that view, so that adjustments to the Principal Act can be made.” The Government of Guyana (GoG) through the Ministry of Legal Affairs, on Monday published the draft seeking recommendations and proposals from civil society. A copy of the Sexual Offences (Amendment) Bill 2024 can be accessed at the Ministry of Legal Affairs’ website at: https://mola.gov.gy//bills/THE%20SEXUAL%20OFFENCES%20(AMENDMENT)%20BILL%202024.1716843811.pdf

Persons with recommendations on the draft bill can make submissions via email to: agchambersmola@gmail.comwithin 21 days.

The proposed amendments cater for the creation of a national sexual offender database.

The draft bill contains three amendments, five new sections, an insertion of a new part as well as the insertion of a third, fourth, fifth and six schedules to the Sexual Offences Act 2010. The new part is called Part IXA and applies to a sex offender who is a citizen or resident of Guyana and who was convicted of an enterable offence by a court within or outside of Guyana on or after May 25 2010, or who completed and not completed his sentence before the commencement of this part.

Similarly, it applies to a citizen of Guyana or a resident who is convicted of an offence by a court outside of Guyana. Notably, Part IXA is not applicable to a person who was a child at the time of the commission of a sexual offence or someone suffering from a mental disorder that substantially impaired his mental responsibility for his acts or omissions in then commission of an enterable offence.

Moreover, the Commissioner of Police is tasked with maintaining a National Sex Offender Database, as per the guidelines set by the Minister of Home Affairs. The database must be meticulously managed to ensure accurate information entry and robust security against unauthorized access or misuse. This database will include detailed information about each registered sex offender, but it will generally not be accessible to the public. Access may be granted to certain individuals upon a successful application to the Commissioner of Police and the Minister of Home Affairs, with a written request specifying the reason for access.

The draft bill states that before the discharge of a sex offender from prison, a designated officer, assigned by the Commissioner of Police, will collect essential information such as the offender’s name, aliases, date of birth, photograph, intended address, and details of past convictions. The sex offender will also be informed of their obligation to report to the nearest police station within seven days of their release.

It also states that sex offenders must report to the nearest police station under specific conditions, such as within seven days of their release from prison after a local conviction, within seven days of entering the country if deported, or within 48 hours if convicted abroad and staying for more than two days. Existing offenders must report within six months of the new law’s commencement.

Offenders are required to report in person, though those with mental disorders may be accompanied by a representative. A designated officer will conduct an interview and gather necessary information. Within seven days, the officer must verify, record, and register the information in the National Sex Offender Database and provide written notification to the offender. Non-compliance can lead to a $500,000 fine and one year of imprisonment.

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Attorney General, offences, opposition, parliamentary, sexual

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