Under the amended statute, a junior police officer may issue an emergency protection order if he or she has reason to believe that such an order is necessary to ensure the safety of a person at risk. Low-ranking officers may also issue emergency protection orders without the consent of the persons at risk.
Among the other powers handed to the Royal Barbados Police Force is the authority to enter any premises without a warrant if an officer has reasonable grounds to suspect that an emergency protection order, an interim protection order or a final protection order is being breached. Officers will also be given the power to enter premises –– upon the invitation of a person resident there or independently –– if there is reasonable grounds to suspect that a person on the premises has suffered, or is in imminent danger of suffering, physical injury at the hands of some other person. Barbados Today, January 28th. 2016 (Neville Clarke)
The Mahogany Coconut Group welcomes the recently passed legislation in Barbados, which should have far reaching effects in making the law tougher against those who carry out acts of domestic violence. The MCG believes that such legislation is long overdue. However this is a case of “better late than never”.
Of course we expect that the legal fraternity, for political and other reasons, may very well find fault with some aspects of the bill. We therefore are not surprised, that there is already an attempt to portray the bill as some attack on democratic rights. There seems to be some concern that the Bill gives the police too much power.We beg to differ. As always, those who believe that the Act gives the police too much power, are displaying an acute ignorance, of the plight of those who are the victims of often brutal acts of domestic violence.
They fail to understand and accept that without the ability of law enforcement to “act on the spot”, victims are usually murdered. No concentration on or the scoring of cheap legal points can bring back a life! There are too many instances that reveal after the police are called, the victim refuses to press charges or are afraid of their private life being exposed in public. Too many victims suffer in silence and they end up in the cemetery.
Our initial response is that the new Domestic Violence legislation is a step, or should we say many steps, in the right direction. We can only hope that the law enforcement agencies, are not intimidated when carrying out their lawful duties. In small societies, there is always the risk of having to arrest a friend or a neighbour, who runs afoul of the law. They will also find themselves fighting and confronting deep cultural behaviours that over time are accepted as the norm.
There was a time when women who were daily beaten up by men, were told:” if he did not love yuh,(you) he would not beat yuh”. Hopefully those dark days are behind us. We should also remember that hundreds of incidents of domestic abuse remain unreported and unknown. Some mistakenly believe that it is the preserve of the lower economic groups. However, it is a known fact that domestic violence is found at all levels of society.
We therefore commend the government of Barbados for bringing such legislation to a reality. It is an important victory for all those organizations and citizens, who are seeking to eliminate all forms domestic violence, from their society.
Waiting to hear the BLP spin doctors on this protective Domestic violence legislation
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chad99999
More feminist nonsense working its way into the legal system. The middle class is forever imposing its will on the lower classes, and the middle class in Barbados ignorantly parrots the ideas of British and North American middle classes. Enough already.
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MR.C
That’s a start. I hope that this will continue to be imposed to protect the lives of others. Domestic Violence isn’t only about women and children. Plenty of men get the shit beaten out of them, but keep it quite to save face amongst their friends. Time will tell if this is more than just words, and will be enforced to the fullest.
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NorthernObserver
Domestic violence, is a massive problem everywhere, and it is one of those topics, not unlike mental health, people prefer to avoid than to discuss. Unfortunately they are frequently linked. And abuse is also linked generationally; those from abusive pasts are themselves more likely to abuse. On many occasions drugs and alcohol abuse are connected. Hence, the problem goes beyond legal enforcement, but you have to start somewhere.
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HAMILTON A HILL
We will all be impressed when the RBPF is granted unfettered access to the gated communities. When crime is seen as crime across the board, so that if my child dies suspiciously the same treatment accorded me is meted out to the “big up white person” whose child would have suffered a similar fate. That is where the starting point needs to be centered. In an attempt to address one problem they might have very well created another. Often times we say that the law is an ass. I say that no law writes itself. After the first couple of wrongfully arrested persons test this law in the courts we shall all
Domestic Violence affects all races and genders However on the average in this country it is a well known fact that the high incidence of Domestic violence has been attributed to those of the black race which includes woman and children
So for one to pinpoint an area which is less susceptible to domestic violence as starting point of reference is missing the point of what is factored into the law and its probable execution in the prevention of criminality against those who are most vulnerable
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Well Well & Consequences
AC…….with all things being equal, white females get the crap beaten out of them on the island on a daily basis, because that community is small, the percentage will be higher, of course the police will be unable to intervene.
Did you forget the case in a gated community where the police were refused entry and the female wss nearly killed with blows. At the time Dottin had threatened that the next that they were refused entry, the police would pull down the gate. I believe it was the same people involved that led to the death of a child and your jackass of a DPP recommended community service for the accused.
If you travelled in certain circles, you would know your information is inaccurate.
Do I need to remind you that the police on the island do not see domestic abuse as abuse or abuse against children as abuse…..first, they need to be trained on what is the definition of abuse.
look not here to dispute who gets the most beatings but given the past two and half years the evidence shows a higher rate of blacks women being murdered than those of the Caucasian race . however i belief that the law is equal in definition as to how it is applied
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Well Well & Consequences
Not the most beatings, but the levels of abuse, naturally in a larger population the amount would be more in contrast to the percentages, but regardless, the authorities do not take abuse and murder of women and children seriously enough on the island and never have, that is why it has now reached such disturbing levels….the horse has already bolted.
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Well Well & Consequences
And naturally, that is where the need for training comes in to sensitize a desensitized police force, ministry of education officials, child care board, school counselors, hospital officials who should be reporting all forms of abuses of women and children coming into the hospital, diectlyto the police, who should then investigate…etc
There is a lot of focus on the legislation but there must be equal or greater focus on educating citizens how to deal with conflict. How many stories have we heard of an argument between a man and a woman and she is up in the man’s face taunting with the cellphone in hand. Like Bush Tea correctly stated in one of his comments, there is too much of a dependence on the law and not enough raising level-headed citizens.
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TheGazer
My usual disclaimer. I have no legal training..
This is the second instance where I see a part of a law being described and the wording make me feel that it is too loose; like making a garage to house a car, but it is so big you can put an 18 wheeler in the garage. I am beginning to wonder about the quality of our legal machine. Are we thinking things through or cutting, editing (out) and pasting.
Let me state that abusers should feel the full weight of the law.
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TheGazer
Is it possible to access these statutes online. Reading it for oneself may provide a better insight into what is actually written.
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Bush Tea
Steupsss
You can always depend on Bajan politicians to come up with some new ‘Law’ to address any issue that is raised.
ANY IDIOT CAN COME UP WITH SOME SHIITE ‘LAW’ AFTER A PROBLEM PRESENTS ITSELF.
First question…. What sense does it make having all these new laws when NONE of the old ones are enforced? Lotta shiite.
…Children DEAD years now….and no action on existing laws…
…Every week three teenage girls going missing…. not a shiite is done
…Court cases just being routinely adjourned and accumulated….
…Judges just driving up and down in their big rides – no productivity…
…and every damn day politicians talking shiite about passing new laws …. LOOKING at new laws (Michael Lashley)…. bringing new legislation (short-ass Lashley) …or doing studies …(consultant fees)…..
Next question… Who draughts these laws? (or more accurately – who is responsible for copying these laws from Canada/ Australia etc?) …and how come it always ends up as some ambiguous gobbledygook that only benefits the damn lawyers who then choose to interpret it however they choose to…?
Educated? …how hath the mighty fallen….
The place gone to the damn dogs…
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Well Well & Consequences
It is nauseatingly repugnant that the laws to arrest the ordinary citizens for not reporting abuses can be so clearly but stupidly outlined, but child rapists, pedophiles and women beaters and killers of females are given, what, is it 2 years for raping a 2-6 year old child, less time for older victims and with others the matters drag through the court system or are just blatantly ignored.
Which idiot drafted that law and neglected to include and specify that it’s the police, healthcare professionals and agencies who are responsible for such to whom those arresting laws should apply.
These leaders are cursed to forever do things ass backwards.
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Hants
In Barbados children get licks from the time they can walk up to 5th form at Secondary school. They are taught that if you do something wrong “yuh should get licks”.
Boys usually get the most licks.
This culture of “discipline” may affect they way some behave as adults.
If this new law is flawed I hope the BU legal eagles ( Jeff and Caswell } can suggest how to correct the flaws.
Beating the crap out of women and children is criminal.
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Retribution-things that make me go hum!
Does this New law help in the JAHAN unresolved case?
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HAMILTON A HILL
@ Well Well & Consequences…… That you still seem dedicated to the task of steering ac onto the path of rational thought tells me that yours is the resolve displayed by teachers eons ago. Remember this Well Well….. While the saying “There is none so blind as he who will not see” is sometimes applicable, the concept of boldness especially in this instance is rooted in naked greed. Rational thought does not apply, so stop wasting your time.
It is a fact many many teachers in the system follow protocol and report abuse to the MOE? Is it a fact many of the reports lead to nowhere? Hasn’t the Chairman of the CCB publicly stated the agency is hamstrung to pursue cases because of a lack of resources?
Many of these comments would have been funny , if not for the serious topic under discussion. We need to stick to one glaring point-the laws needed up dating since they were on the books for over two decades . We should also see domestic abuse as a form of sickness. We should remember that no one law can solve crime but it can PREVENT crime and deter criminals from engaging in criminal activity.
Hamilton as along as ac
does not step on your toes while moving you should not worry in which direction ac is moving
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chad99999
We have utterly misguided people on this thread saying things like, “In Barbados children get licks from the time they can walk …” so let’s try something different from “discipline” for better results.
Really? Children used to get much more licks in the 1930s thru the 1970s, and they were much better behaved then than they are today. Generally, West Indian children and adults are admired much more than North American blacks, who do not get licks when they are growing up.
We are sowing the seeds of our own ruin with feminist ideology.
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Caswell Franklyn
The existing legislation is more than adequate for the purpose. The problem came because it was not being enforced. Rather than read the existing law a lot of well-intentioned idiots rushed off and lobby government to pass this unnecessary legislation.
Mahogany Coconut Group have you ever read the current law. Your comments suggest that you never did.
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Jeff Cumberbatch
My word! Such hostility to this piece of legislation. Something tells me a raw nerve has been struck somewhere.
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Hants
@ jeff, see my comment at 10.44 am. We need your opinion.
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Jeff Cumberbatch
@Hants, you know already that I am in agreement with your thesis… I have not yet studied the new law in detail since the area is not one of my specialties, but I do agree that we have an enforcement deficit in our local legal system. In civil law jurisdictions, some of our laws would fall into disuse and self-destruct for lack of enforcement
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Caswell Franklyn
Jeff
Every thing, with the exception of junior police officers issuing a protective order, can be achieved using the existing legislation. We have too many experts lobbying government without reading the law.
Sent from my iPad
>
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Violet C Beckles
Domestic Violence is the wrong word used or even term , These two words together talks of the People going against the government on that level, Its need to say Family Violence with in a home or between Family members, The out come can be the same , but there is True Domestic Violence when the Government fail to act in their Duties to help the People or protect from Government Fraud, We must understand and know the Level on which we speak.Constitutional Level or Family Level.
Is it the legislation or the length of time it has taken to address this matter. The issue of domestic abuse is widespread, we all know it, yet we wait until our children, women in particular have to die.
If you have access to the full Sunday Sun the front page summarizes the challenge. We have to attack the social decline in a more aggressive, holistic and targets way. What is happening can easily be compared to the boy trying to block the holes in the dyke with his fingers. Time to gate serious man!
@ Caswell Franklyn,
“The existing legislation is more than adequate for the purposes.”
Caswell, you are certainly adrift when it comes to comprehensive laws and legislation against domestic abuse. We have lagged behind for the better part of thirty years. Whether you want to admit it, is immaterial to the realities, of what should be done to counter the evils of domestic abuse.
I am putting it directly to you, that if we really had comprehensive legislation, there would not have been so many murders of our women. You should at least try to research some topics before you jump into public discussion with such sweeping generalizations. If you had availed yourself of how other countries protect their citizens against domestic abuse, you would have certainly not made such a statement. The legislation was very ineffective and the law enforcement agencies hands were tied. This updated version is a step in the right direction. You need to stop this needless posturing and approach each topic/subject with some objectivity.
@ David,
Quite frankly I am not alarmed by the report on the front page of the Sunday Sun and the article in general. These are things that have been swept under the carpet for decades. The interaction of staff at both the prison and now this facility , comes from a lack of untrained people being given jobs for which they are ill equipped or unqualified. These institutions need well trained and experienced counsellors , who should be vetted at the highest levels before they get employment in these areas. Once more this is the result of political in breeding and stupidity. It ties in directly with how we allowed domestic abuse to become rampant until the murders of our women folk became so gruesome.
Our children are being raped, brutalised and are becoming pregnant by some monsters we have in our society. The welfare office is in need of a complete overhaul.
This article is welcomed and timely but it should not shock those of us who have been crying in the wilderness for the better part of forty years.
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pieter pieper
The “new laws” vary little from existing legislation .The problem of “domestic violence” will continue so long as there is an ABSENCE of strict enforcement regardless of the socio-economic status of the offender. But at least we may perhaps find some solace in the fact that there is legislation. Should we not also be EQUALLY concerned with the TOTAL ABSENCE of integrity, transparency, accountability and freedom of information legislation which also allows a type of “violence” against the body politic ?
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Simple Simon
But word on the street is that police people who must of necessity live in a culture of threatened and actual violence are more likely to physically abuse their spouses and children that non-police people…and that this is so in all countries…never met a police person yet in any country that I would have a cup of coffee with or that I would invite to my home.
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Simple Simon
David January 30, 2016 at 8:41 AM “How many stories have we heard of an argument between a man and a woman and she is up in the man’s face taunting with the cellphone in hand”
And David: and how many factual stories have we read about stupid men killing the mothers of their children dead, dead, dead.
And I call them stupid becausin’ who else but a brass bowl (thanks Bushie) would orphan their own children. Because when one parent is in jail for up to 20 years and the other is in the grave the children are effectively orphans.
And David sweetie: Tell the men to stop peeping ’bout in the women’s cell phones. A’int your phone. Don’t touch it. EVER.
I’ve never looked into another’s person cell phone yet. NEVER.
And as I approach three score and ten or more I am as happy as little…
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are-we-there-yet
Simple;
I can vouch for one such example of a policeman who used to live in an apartment just one house from me. He regularly used to beat his companion to the accompaniment of loud screams and whimpers from the lady and curses from the assailant himself. His daughter would run next door and the next door neighbour would call the police who would arrive after all the commotion had died down. There were no arrests. I suspect that they no longer live there as I haven’t heard any early morning commotion from those quarters for about a year or so.
The question is. Would myself and the other neighbours be subject to penalties under the new law since the whole neighborhood would have seen and heard the commotion. Only one next door neighbour would have called the police. All would have seen the results of the beatings.
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Simple Simon
You are mixing up the 2 pieces of legislation.
One piece of legislation proposes to compel adults who have the care of a child, to report suspected abuse of a child.
The other piece of proposed legislation is about domestic violence and there is no proposal to compel others to report, although it would be nice and the humane thing for neighbours to report.
The difference in the 2 pieces of legislation is that children are often unable to escape their abusers, because sometimes the children are so young that they have not yet learned how to walk. Most adult women know how to walk, how to call the police, how to tell her parents, friends, neighbours, colleagues, church members about the abuse. Most importantly all adult women can work to support themselves, and should know NEVER TAKE A SECOND BEATING/ASSAULT/LICKS/SLAP etc.
In Barbados no child younger than 16 can earn its own living. All people younger than 16 are unemployable.
Big difference. Big, big, difference.
And yes you and the other neighbours should have reported the beating policeman. In writing to the Commissioner.
That police person is very likely a coward, who is afraid of losing his/her pick and very likely wold have ceased the beating and walked the neighbourhood with his tail between his legs.
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Simple Simon
I am so glad that my mother taught all of her daughters, the eldest of whom is now 80…
“don’t go pointing out your hand to any man, saying gimmee, gimmee, learn to work for yourself.”
It works.
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Well Well & Consequences
Simple….Barbados’ culture is far different to what you envision, it has changed drastically over the decades, first of all, it’s the policeman’s colleague arriving on the scene to investigate him beating his wife….his colleagues, most cops are known for domestic violence The way I know it, even to get him arrested Internal Affairs, of which Barbados has none, will have to get involved. Ya should not have the police investigating themselves, it never works.
If dude is a close friend of, related to or whatever with the Commissioner, then what. This has been going on in Barbados forever, the stories of violence and abuse are horrendous. A letter to the Commissioner solves nothing. I can tell you, he gets a lot.
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Donna
To the Commissioner? LOL
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Well Well & Consequences
Lol…..Donna, I also had a good laugh at that one.
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Caswell Franklyn
Mahogany Coconut Group
Please address me when you read the original legislation. It was intended to be a shield to protect any abused member of a household but the magistrates and police officers made sure that it became a sword to disadvantage men. When men, of weak minds, felt that their rights were being trampled by the courts and police and they felt they had no recourse the result was murder.
I guarantee you that this amended legislation will have the opposite effect. The mentality of throwing punitive legislation at all problems will not work in this case.
The policemen with sick minds will be the only beneficiaries of this legislation. This scenario has happened countless times; a woman calls the police for her boyfriend, the police comes in and assess the situation and the man is bundled before the court. And can you guess who would be the woman’s next boyfriend? If you guess the investigating officer, you would be right. This is not a one-off situation.
The most scandalous of police abuse happened when a St. Thomas woman was raped. Sometime after or during the investigation, the victim got pregnant for the lead investigator and to top it off the bastard got promoted.
There is nothing unconstitutional about the recent powers of arrest granted to police.
This is the belief of Senator Verla De Peiza.
She told those gathered at a Democratic Labour Party branch meeting in St. Peter, that the amendments made to the Domestic Violence (Protection Orders) Act are nothing new. Those amendments allow the police to make arrest, if they suspect that an individual is going to harm another person.
“It has been said in some quarters that the police have been given unconstitutional powers, I am not certain what was read by any person with that opinion. Certainly, considered constitutional already are the Criminal Arrestable Offences Act and the Police Act; the Police already have the right to arrest persons on suspension that they would commit an offence.
So all that has happen is that the police now have another in their very long list, because I believe in the Police Act there is eight or nine categories that the police can arrest without warrant, so there is now another one."
The Senator believes that the changes to the Domestic Violence (Protection Orders) Act will help reduce the cases of physical domestic violence particularly on weekends, as police will have the power to arrest persons who are not charged.
“We have persons who were for all intents and purposes protected from 4 o’ clock on a Friday when the Magistrates Courts close, until 9 o’ clock on a Monday when they’re reopened.”
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Gabriel
Caswell
Are you aware of the status of the court case highlighted on BU involving the acting CoP?Was it disposed of or is it still set down for hearing.
And your comment of an investigating officer taking liberties with complainants or relatives of defendants before the courts.There is a story of one very very senior police officer ending up having to do the honourable thing when he was confronted.
There is also the case of a very very senior police officer taking and disposing of stolen property.It makes you think suspiciously of these folk who should be above suspicion.Its wise to be ‘en garde’ when dealing with lawyers,priests,pastors,teachers,undertakers,policemen,prison officers and such like people whose services one must by law, engage from time to time.
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millertheanunnaki
@ David February 1, 2016 at 6:55 PM
And what evidence would be used to prosecute a “man” who has been suspected as having the intention to commit a crime in his own house (castle)? Is this the arrival of the thought police?
Such provisions in any piece of legislation would be thrown out by any competent Court of Appeal.
How would section 13 (3) & (4) of the Constitution be satisfied given the state of the judicial system in Barbados?
The Bill simply strengthens the hands of the police. The Bill is certainly not responsible for police who abuse their authority. It is about getting the victim out of harms way. Do citizens have to read all the legislation in the country to come up with a position? Are you aware that the reason that legislation is often amended is because of different interpretations? We don’t claim to be constitutional authorities however we have researched several pieces of legislation throughout the Commonwealth and while we welcome the Barbados government’s attempt to improve on what was there before, we know that it could have been much stronger. We also know it is a step in the right direction and fully supports the government and all those citizens and organizations, who want to rid their country and the Caribbean region of violence against women and spousal abuse in general.
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millertheanunnaki
@Mahogany Cocomut Group February 1, 2016 at 7:38 PM
It will be interesting to see how the police would respond to a case where the man is being abused or suspects he is about to be abused and calls upon the police.
Would the woman be put out of the house and arrested on suspicion of her being about to commit a crime like stealing the man’s wallet or slapping him across his face?
What should the man do if the police refuse to follow the provisions of the law?
I have no problem with the legislation as long as it is being drafted gender neutral and applied / enforced indiscriminately.
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