20% of Cayman has a conviction

| 20/01/2015 | 21 Comments

(CNS): There are more than ten thousand people living in the Cayman Islands with a criminal or serious traffic conviction, according to the results of a freedom of information request made by a local defence attorney. With 20% of the population with some kind of rap sheet, the country is one of the most criminalized places in the world.

However, because of what appears to be poor record keeping by the authorities it is not clear exactly what the 10,067 people who have a conviction have been charged with.

Peter Polack, who made the request, is seeking an internal review because not only was the response some four months late but most of his requests in relation to the revelation and details of the criminality of the population went unanswered. The police claimed that it would “unreasonably divert resources” to be able to break down the figure into the types of crimes or serious traffic offences that led to ten thousand people having a criminal record.

The police also stated that the criminal records department is severely under staffed and short some seven people.

The RCIPS is also unable to say how many people have been convicted of serious crimes such as murder, manslaughter, rape, firearms offences, robbery or other violence crime and the people convicted of those offences are counted alongside shoplifters and drunk drivers.

According to the FOI request, the RCIPS said that just one police officer currently has a conviction that is recent enough to remain on record.

The staggering number of Caymanians and permanent residents with a criminal conviction is down to a number of issues. One is that Cayman has not passed any legislation to expunge old and minor offences. In addition, the authorities still deal with many minor offences, such as consumption and personal possession of ganja as well as certain traffic offences via the courts and not administratively.

Despite constant discussions about amending the relevant legislation, nothing has happened. The management of criminal cases and the review of files also appears to have had an impact and the attorney general announced during the opening of the Grand Court last week that an expert from the UK will be reviewing the Office of the Director of Public Prosecutions (ODPP).

The removal of preliminary enquiries for serious offences and the transmission to Grand Court often means that evidence is not tested before a trial, leading to cases collapsing at the 11th hour for lack of evidence.

Polack stated that many of these problems could be easily addressed. He said decriminalising minor offences and introducing a fines system would have significant benefits to the public purse and divert scarce resources to real law enforcement.

He noted that the payment of administrative fines, including large amounts, have been part of customs enforcement for many years. Government is able to collect money and punish infractions without tying up resources.

There were 30 pending indictments at the end of 2005 that had not been dealt with but at the end of 2014 the Grand Court ended the year with 118 cases pending. Meanwhile, nearly 10,000 criminal and traffic cases were filed in the lower courts throughout 2014 and the Summary Courts also dealt with over one thousand cases carried over from the year before.

Because the courts have to deal with everything, from disputed speeding tickets and consumption of ganja to robbery and murder, it is no surprise that judicial system is under immense pressure.

RCIPS FOI request criminal convictions

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Category: Courts, Crime

Comments (21)

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  1. Shionn christian says:

    Hello, i am 1 of many who has a criminal record(local). I was charged with aggravated burglary at the age of 19 to 7 years. I have done 4.5 years and got out on parole and then was later free due to a new law. I was not proud but i have paid and still am for my crime. I am now 32 years old and never been in trouble with the law ever since 2004 and it has been very hard for me! Hard to get a job, hard to see my children overseas (canada) due to my criminal record- was held at the airport for 6 hours, marked as a flight risk, handcuffed and shackled, imbaressingly escorded through the airport with 3 guards and into a truck with 1 small window but lights and cameras. I have done 3 months in a maximum prison due to jus being inadmissible i might add(june 2014) for trying to spend time with my kids. People do not realise the struggle and pain because people in cayman or highly critical and shun there own jus because youve had a conviction. They treat you like a outcast (most) i pray that they change this law and clear my record its been 10 years because i am diffrent and desserved a chance to start over and be with my family! Keep up the good work mr.P!!

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  2. guest says:

    Something troubles me with the Police response, the FOI request asks for the number of persons in the Cayman Islands with a criminal conviction. Do the Police keep track of residents, and if so how? For arguments sake let’s say someone gets a day in court for a ‘serious traffic offence’ and leaves the island the following week. Would the Police know that, if so, how? Did they cross check those 10,067 people with immigration, or only count those with a Cayman passport? If I were a skeptic I would say that number is the total number of people convicted, without reference to those still here. Or in short the wrong answer. Think about it, population of 55k, 10k under 14, 4k over 65, that leaves a potential pool of 40k people, do you really believe 1 in 4 has a criminal conviction?

  3. name says:

    All what positions? The British roll and then become expats? Who ties your shoes?

  4. Fidelity says:

    You need to go away and learn some basics about statistics. No it does not mean that at all. Read previous posts.

  5. lenny says:

    And it’s all who’s fault?- the expat of course! Is there ever anyone else at fault in Cayman. Evil evil criminal expats we are. Yeah, I know – don’t let the door hit me on the way out! Sorry for the sarcasm but let’s face it that’s where the blame always goes. Sad.

  6. guest says:

    How do you determine that there are “…a staggering number of Caymanians and permanent residents with a criminal conviction”? The FOI request recorded 10,067 PERSONS with a criminal conviction in the Cayman Islands, which does include any traffic offence dealt with in court (I think), but it doesn’t identify Caymanians or PR holders. It might be reasonable to assume that a certain percentage of those offences are committed by Caymanian’s and PR holders, but without any evidence to support that assumption all you have done is append your opinion to the story by turning a number identified as ‘persons’ and attributing it to Caymanians and PR holders, no?

  7. Anonymous says:

    What a ridiculous lot of rubbish. Last time I looked smoking ganja was against the law in cayman. Stop making excuses about ‘criminalizing youth’ and start taking responsibility for your own choices. Stop blaming everyone else for your own failings and lack of strength of character.

  8. Dimbo says:

    Some Christian nation! And the unemployment “problem” becomes clearer, most of it is completely self-caused.

  9. fedup ofallbs says:

    Wishful thinking here : gonna shake my magic stick spread the love make this island the sweet place it used to be shhhh if only I could… the whole world at that so tired of hearing / reading / watching such sad depressing stuff – oh lord I continue to pray for world peace…

    Anyone can comment with their sarcastic bs all I got to say to una from now may the good Lord bless and keep you and ur soul too.

    Live by love my Lord God & Country 345 born n bred

  10. Tsenoh says:

    Keep it going Mr. Pollack

  11. victoria Taylor says:

    Would these numbers include people caught driving without a seat belt? I thought it was a waste of the court’s time when I was pulled in for that one. When i was originally pulled over I acknowledged to the officer that I was indeed in the wrong and was ready for my comeuppance which I figured would be a fairly hefty fine. Instead he said that someone would be in touch with a court date. A summons was hand served to me about a month later by a very nice police man who drove out to my house (a service not even the postal service offers), I took the morning off work to attend the court along with 30 other idiots who had not been wearing their seat belt and one by one we were given a fine by the judge. This was a complete waste of everyone’s time – mainly the police and the judge (I personally enjoyed the morning as I had never been in a court before). Ticketing is the way to go for minor offenses.

  12. Disappointed says:

    This is a fine example of how statistics can be used in an incorrect manner! Just check the court listing on a regular basis and you will see that the same names keep re-occurring. That shows that the 10,000 cases are mostly made up of repeated offenders and is NOT a reflection of the society in general. Disappointing that the news media would draw such a morbid conclusion!!

    • fedup ofallbs says:

      Thank you well said my exact thought too

    • Just to clarify: the question asked in the FOI was how many persons in the Cayman Islands have criminal convictions, and the response from the RCIPS gave the number of persons, not the number of convictions. The response is linked at the bottom of the article.

      • guest says:

        I think you have the answer there, the Police presumably wouldn’t hold details on who is, or isn’t here, so the question asked wasn’t answered, and probably couldn’t be answered by them.

  13. Driftwood says:

    And there’s me raised to think that back in the day all the UK’s criminals were sent to Australia. Seems I owe Australia an apology.
    More seriously, RCIPs 7 people short in the criminal records department? I presume finding candidates without a criminal record is tough because, well, no laws to expunge “minor offenses” and even if there were, there will be no people to clear out minor offenses because they all have a criminal record. Caymanistan!

  14. Cass says:

    Interesting to see who the 20% is. Cayman has got to be the most backward place in the entire world.

    • SSM345 says:

      I suspect that the majority of those screaming that they currently have huge difficulty finding employment make up a significant portion of that 20%, “the unemployables”.

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