Whether kidnapping is back or not in T&T is not the focus of this article. We are dealing with the crime of kidnapping and its attendant laws so that kidnappers, accomplices and law-abiding citizens and agencies are more aware of our roles and responsibilities and what lies ahead if we fail to comply.
The initial kidnapping law was passed more than ten years ago (2003, Act No. 21) and amended about five years ago (2011, Act No. 9). They dealt with kidnapping for ransom.
The punishment for kidnapping is pretty stern. It is imprisonment for not less than the remainder of your natural life, in effect, for the rest of your life. Some argue that it should even be the death penalty given its nature and severity. What do you think?
What exactly constitutes kidnapping? It is where a person, who for ransom, reward or any other consideration unlawfully leads, takes, entices away, abducts, seizes or detains any person without their consent or with consent obtained by fraud or duress and without lawful excuse. As such, it results in the person being held, confined, restricted, imprisoned or prevented from returning to their normal place of abode or sent or taken out of T&T.
It should be noted that those people who knowingly receive the ransom do not get away easily as well. For instance, if a person receives or gets possession of or even disposes of any money, property or proceeds which was delivered as a ransom in connection to any kidnapping, and he knows that it was as a result of a ransom, he is guilty of an offence and faces imprisonment for not less than 15 years.
The negotiator of a ransom is in real trouble too. That is, anyone who demands or pursues by negotiation any demand for a ransom or a reward or any other benefit for the release of a kidnapped person is liable to imprisonment for a period of not less than 25 years.
The trappings of those involved in kidnapping rings continue. The law is going after you with an imprisonment of not less than five years if anyone is involved in providing financial information to people that may be used in kidnapping. Should this punishment be heavier?
It does not stop here. The independent Director of Public Prosecutions (DPP) is empowered to apply to a judge to get an order to authorise a police officer to inspect any book, account, receipt, voucher or any other document which he believes may contain information that concerns any kidnapping and ransom matters. And, if a person fails to produce any of the documents required, he faces a fine of $100,000 and imprisonment up to one year. Again, do we need stiffer penalties here?
The DPP is further empowered to apply to a Judge to get an order for any manager of a financial institution to provide copies of all accounts of people that may be involved in this crime of kidnapping. This is to assist them in their investigations. And, if a person does not comply with this order or even provide incorrect information, he is liable to a fine of $100,000 and imprisonment for one year. Will a heavier sentence be a stronger deterrent?
The general public does not get away. Any person who is aware of the commission of or even the intention of another person to commit any kidnapping-related crime is bound to give the relevant information to the police. Well, failure to do so can result on summary conviction (by a magistrate court) to a fine of $100,000 and two years imprisonment. Is this satisfactory? What about those who are fearful?
Police officers who receive such information and do not investigate it or cause it to be investigated according to the established procedures do not escape unscathed. On summary conviction, they receive a fine of $100,000 and two years imprisonment. Again, they are entrusted with our care. Should we penalise such failures heavier?
There is protection for informers! Here, no statement as to an offence shall be admitted in evidence in any criminal or civil proceedings and no witness shall be obliged or even permitted to disclose the name and address of an informer or to state any matter that may lead to the identification of the informer. If such name and contact information are contained in any document and it is liable for inspection, etc, the court shall conceal these information so that the informer is not identified.
Witnesses are protected also! In the case where a person dissuades or tries to dissuade any person either by threats, force, bribery etc, from giving evidence, he is guilty of an offence and is liable to a fine of $100,000 and 15 years imprisonment. Yes, witness tampering is severely frowned upon especially for kidnapping.
As we approach this merry season and for all other times, kidnappers, conspirators and even those who have information and fail to act on it, you better watch out, the kidnapping laws are here to get you!
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