Justice requires Mercy which enables Discretion.

Discretion is Missing in Justice in our Developing region.

The British system of Justice embraces the saying, ‘Discretion is the better part of Valor.’

As an inheritor of the British Judicial system exported to the islands at the end of slavery, was not really justice for the black ex-enslaved, but for the protection of British wealth invested in the islands against the very ex-enslaved.

In the absence of regular Law Reform the islands Judiciary and Legal Serviced often find themselves between a rock and a hard place as justice can get very twisted.

The result is going to a higher Court to reach the Privy Council, where Discretionary Powers are considered and applied – once it does not negatively impact the UK.

Education and legal brilliance has no way around the Law, and right and wrong can be relative in a developing island.

Recent Amnesty foul up in charging and jailing persons held with guns is a case in point, where the total aspect of an amnesty failed. This is where the discretion of both the Police and the Magistrate failed the discretion test.

They both missed the opportunity given by an amnesty to negotiate the best way forward where punishment is tempered by reasonable discretion.

Jail is not always the best remedy when an Amnesty is current, it sends the wrong message to those who may be considering giving up their weapon. Further, it causes confusion to those seeking help in deciding how to give up the gun.

An Amnesty is supposed to spell a truce of some sort where both sides agree to dump the gun, not dump the man.

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