Law Reform Commission explains: Ministry said ‘hold your hand’ on sexual offences policy

The Law Reform Commission has been asked to hold its hand on the review of the sexual offences policy, which includes the Sex Offenders Registry. Commission’s president Samraj Harripaul said the request was made in January by the Ministry of Justice. In a prior interview, however, Justice Minister Herbert Volney said the legislation dealing with the Registry was developed by the Ministry of Justice and it was referred to the Law Reform Commission for drafting. He added that legislation had to be tidied up and strengthened. Questions were raised about the status of the Registry after a judge, last Monday, sentenced rapist Terry Daly to 14 years and ordered that his name be placed on the Registry.

Asked if the policy was still being reviewed and how was it operating, Volney said, “I couldn’t help you with that. Quite frankly, I will have to get the person with that portfolio to assist you with that information.” Harripaul, however, said the legislation was sent to them last year, but in January the ministry wrote to them requesting that they “hold their hand” on the sexual offences policy. “The ministry, indicated they were doing a total review of the policy governing sexual offences in Trinidad and Tobago and to hold our hand. We are on a hold at the moment. “I think the sexual offences policy includes the Sex Offenders Registry,” he added. Harripaul said the Commission was reviewing the whole issue of sexual offences prior to the creation of the Justice Ministry.

When the ministry came on board, Harripaul said they had a policy document to deal with a wide reform of sexual offences last year. “And now suddenly they have said to us to hold our hand because they are doing a wider, more comprehensive policy review of sexual offences in T&T.” Harripaul could not say how or if this hold would affect the operation of the Registry. Volney had referred questions to Nadia James, but when contacted she said a “piece of legislation” was passed last year relating to the Sexual Offenders Registry but other pieces of legislation took precedent and the Registry policy was not worked on. “I think the Ministry of People and Social Development has a registry of sex offenders,” she said.

When contacted, Minister of the People and Social Development Dr Glenn Ramadharsingh said the registry was something he evaluated last year. Asked then if a Registry existed, he said, “Not that I know off.” Ramdharsingh said with the creation of the Ministry of Gender, Youth and Child Development the Registry proposal was sent to the minister (Verna St Rose Greaves) for her consideration.
 

Registry developed under PNM—Senior cop

Assistant Commissioner of Police (South) Terry Young said the Sex Offenders Registry was something that was developed in the Criminal Records Office in Port-of-Spain during his stewardship as officer in charge. He said it was instituted under the People’s National Movement administration in 2006. Asked where persons could source information from the Registry, he said the names of sex offenders would not be published in the newspapers. He said people could seek the information through the Freedom of Information Act and he suggested that information be distributed through the community police.

A police spokesman, however, said the Registry of which the judge spoke about was registered under the new Sexual Offences Amendment Act. He said the Act required the district police station where the sex offender resided would record the offender’s name. He said when that person was released, the police was mandated to monitor him. “It is not a national Registry. It is district by district. If someone wants information they can come to the station,” he said. Prisons Commissioner Martin Martinez could not say whether the Registry was operational. However, he said, the role of the prisons would be to monitor the sex offender’s behaviour while he was serving his time and compile a report for “whomever.” However, he said they had not yet been asked to provide such information towards such a Registry.

No registry in stations

However checks at several police stations revealed that there was no Sex Offenders Registry. One officer said he thought it was to be instituted but at present it did not exist in the stations. She said it would also be difficult for a civilian to get information from the police about sex offenders.