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Wire tapping, plea bargain and witness protection laws to be enforced in Guyana

Published on Tuesday, October 14, 2008 Email To Friend    Print Version

By Oscar Ramjeet
Caribbean Net News Special Correspondent
Email: oscar@caribbeannetnews.com  

GEORGETOWN, Guyana: A series of new laws is expected to go into force in Guyana later this month, including wire tapping as well as allowing those accused of committing offences to enter into plea bargaining for reduced sentences.

The new legislation is expected to be debated and passed on Thursday.

The Kaiteur News reported that, according to the explanatory memorandum attached to the Interception of Communications (IC) Bill 2008 that caters for wiretapping, the bill seeks to make provision for the interception of communications, the acquisition and disclosure of data relating to communications, and the acquisition of the means by which protected communications may be accessed and placed in an intelligible form.

Clauses in the IC Bill stipulate that an authorised officer may apply ex-parte to a judge in chambers for a warrant authorising the person named to intercept a communication and to disclose the intercepted communication in the manner specified in the warrant.

Before the granting the warrant, the judge must satisfy himself that the warrant is necessary and the information obtained from the interception is likely to assist in investigations.

The Criminal Procedure and Plea Agreement Bill 2008 seeks to pave the way for the implementation of a structured plea bargaining process in the criminal justice system.

The provisions of the bill are designed to establish plea negotiations and plea agreements as part of the administration of the criminal justice system in Guyana for speedy disposal of cases.

A Stabroek News report states that the Bill allows the Director of Public Prosecutions or any prosecutor, police prosecutor or attorney at law authorised by the DPP on the one side and the accused through his attorney or by himself on the other, to negotiate and enter into a plea agreement.

Guyana is the first country to table such legislation in CARICOM.
 
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