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The Editor Speaks: New Criminal Records Bill welcome

colin-wilsonweb2The new Cayman Islands Criminal Records (Spent Convictions) Bill, 2016 has just been gazetted and is very welcome.

A criminal pays for his crime and goes to jail. He comes out and starts a new life, his debt to society wiped out. He is clean to make amends for his past. He was a first time offender, the offence was minor and it has been put to bed.

Not so.

He has a record. He can’t find work, can’t get a loan from a bank and cannot travel abroad. His record stays with him for life.

Until now.

Until now the only way the offender can live is to return to crime. Even if caught again he has a roof over his head and a meal. That is preferable to starving and begging on the streets.

The new bill introduces a mechanism for clearing criminal records and it is more in line with contemporary international standards.

Premier Alden McLaughlin said, “This new regime will positively impact the prospects of Caymanians who have served their time for offences and have demonstrated their individual ability to live productive lives. It will enhance the employment prospects of ex-offenders. It will assist in removing travel restrictions as well as help to reduce the barriers to successful reintegration into the community. I am pleased that we are able to bring this forward as it was one of the goals of this government.”

At present there are many Caymanians who have led crime free lives for over ten years or more but there is still a stain on their record and causes much hardship.

However there are certain crimes for which will never be expunged because of their seriousness and I go along with that. These include murder, manslaughter, firearms convictions, terrorism, trafficking, sex crimes, and offences against children.

If the previous offender completes a period of crime free behaviour the conviction will be regarded as spent.

Many persons will find this welcome especially those convicted of consumption and possession of ganja and pipes.

However, if you decide to become an attorney, you will still have to come clean and say you have a record.

A record that keeps turning.

There you might find you are still unwelcome.

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