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2019/09/23

OBJECTS AND REASONS

This Bill would amend the Offences Against the Person Act, Cap. 141.

Arrangement of Sections

Short title

Amendment of section 2A of Cap. 141

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2.

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BARBADOS

A Bill entitled

An Act to amend the Offences Against the Person Act, Cap. 141.

ENACTED by the Parliament of Barbados as follows:

Short title

This Act may be cited as the Offences Against the Person (Amendment) Act, 2019. 1.

Amendment of section 2A of Cap. 141

Section 2A of the Offences Against the Person Act, Cap. 141 is deleted and the following is substituted:

“Review of existing sentences for the offence of murder

A person who, prior to the commencement of the amendments contained in the Offences Against the Person (Amendment) Act, 2018, (Act 2018-32), was convicted of murder and sentenced to death and

whose sentence was not commuted under section 78 of the Constitution shall have

his sentence set aside; and

a new sentence imposed by the Chief Justice or such judge as the Chief Justice shall assign; or

whose sentence was commuted under section 78 of the Constitution shall have

his sentence and the instrument by which the sentence was commuted, set aside; and

a new sentence imposed by the Chief Justice or such judge as the Chief Justice shall assign.

The sentence of death shall not be imposed on a person whose sentence is reviewed pursuant to subsection (1).

The Chief Justice or such judge as he shall assign shall, in imposing a new sentence under subsection (1), take into consideration the guidelines set out in sections 39 and 41 of the Penal System Reform Act, Cap. 139. ”.

2A.(1)

(a)

(i)

(ii)

(b)

(i)

(ii)

(2)

(3)

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Read three times and passed the House of Assembly this day of , 2019.

Speaker

Read three times and passed the Senate this day of , 2019.

President

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