Feetham considers mandatory remand for child sex offenders
Archive image of Gibraltar's Supreme Court. Photo by Johnny Bugeja.
The Minister for Justice Nigel Feetham is seeking advice on the introduction of mandatory remand for people convicted of sexual offences against children.
Currently under law the discretion to remand in custody or grant bail pending sentencing is at the discretion of the presiding judge.
Mr Feetham said he is seeking advice from the Government Law Offices on the constitutional and human rights issues on this matter.
He said he is seeking advice on this measure to address concerns from the public.
Mr Feetham posted his intention to review the matter on his Facebook profile over the weekend.
"The safety of our children and grandchildren is of the highest importance to the Government," Mr Feetham wrote on Facebook.
“I am actively considering whether amendments to the law are necessary to provide for mandatory remand in custody following conviction and pending sentence in cases involving serious sexual offences against children. This is a matter for Parliament."
Mr Feetham added that this would reflect the Government's concern at the "gravity of offending against children" and that any such decision must remain fully compatible with established legal principles, including human rights obligations.
On Monday, Mr Feetham told this newspaper that he is also taking advice on a "different formulation" which would retain the discretion of the judge but "narrow down the exercise of this discretion".
He said the discretion for bail could be in "exceptional circumstances" which would be set out in law.
"It is not appropriate for me to comment on individual cases," he said.
"The courts must continue to operate independently, exercising the discretion currently provided for under the law as enacted."
"As a Government our priority is, and remains, the protection of victims and the public."








