FOUR YEARS after the Upper and Lower Houses of Parliament approved far-reaching legislation, which was crafted to target organised crimes, the proposed law is yet to be enacted.

The Criminal Justice (Plea Negotiations and Agreements) Act, 2005, better known as the plea-bargaining law, which was passed almost four years ago, has not been gazetted.

Checks by The Gleaner yesterday revealed that the legislation, which was intended to give statutory recognition to plea negotiations and agree-ments, has not been imple-mented by Government.

Statutory authority

If enacted, the legislation would give the director of public prosecutions statutory authority to engage in discussions and make bargains with an accused. It also allows the accused to know beforehand that his/her sentence will be reduced.

The legislation, when debated in Parliament in 2005, received unanimous support from the then ruling People's National Party and the Opposition Jamaica Labour Party.

The Criminal Justice (Plea Negotiations and Agreements) Bill emerged in 2000 out of a recommendation from the Washington-based Police Executive Research Forum.

It could not be ascertained from the Ministry of Justice yesterday why the legislation has not been introduced.

Questions raised

Late last year, questions were raised about the existence of plea-bargain law when Ricardo 'Bully' Thomas was fined $1 million and given a suspended sentence on charges of illegal possession of two firearms and 49 rounds of ammunition.

He was given the sentence in the Gun Court after a senior cop testified that Bully had helped the police in solving crimes and recovering illegal firearms.

At the same time, the police were raising concern that Bully's return to his c**kburn Pen community, St Andrew, could result in more violence there.

According to the police, conflicts between rival gangs in c**kburn Pen had resulted in the murders of about 60 people in the last 18 months.

Bully's case was called up seven times after he pleaded guilty before he was finally sentenced on December 10.