A Jamaica Defence Force soldier monitoring the construction of a detainment centre in De La Vega City, Spanish Town, St. Catherine in 2005. - Norman Grindley

The phone in the bedroom rings and shatters the calm of the early morn. It is 4:00 a.m. Still half asleep, a woman stretches her hand in the darkened room to pick up the phone. With the phone now fixed to her ear, in a sleepy but polite tone, the mother says "hello".

She is greeted on the other end of the phone by the crusty voice of a man, who identifies himself as a police sergeant. He does not waste any time and gets straight to the point: "Your son, who had just completed his final year exams at university, was coming from a party when the car he was travelling in was stopped by the police, searched and a firearm found. Five of them were in the car. They were all arrested and charged for illegal possession of a firearm."

The phone falls from her hand, hits the bedside table and awakes her husband

Now fully awake, a few calls will be made, some to a few influential persons. Mr. Tom is the family lawyer and a good friend of the family, so calling him at daybreak is important.

But then, hold on, there is no need to hurry because of the Government's new plan to cure the cancer called crime. Anyone found with a gun must be denied bail for six weeks and, if found guilty, must serve prison time for 25 years.

A scenario, such as the one described above, could become possible if the proposed legislation is\ implemented. It will require that you give up your rights, but unlike in the 1970s, it will not be called a state of emergency.

Obviously, desperate times call for desperate measures, and also a desperate leader, but there are obvious concerns with a change such as the one described above.

One of the concerns is how this could be used politically, especially six or so weeks before an election. The effect this might have on the thousands of law-abiding Jamaicans, who are in possession of firearms through legal means, but who could also be charged for illegal use of the said firearm. However, this is only if amendments are made to the laws.

The country is told by the leaders that the people must be prepared to give up some of their rights but the question must be asked what rights do we think we have in Jamaica and what rights do we actually have so that we can give up some. Of course, the answer will depend on who you ask.

It is certainly madness to have anyone locked up and deprived of bail only because the police or someone else gives a statement that he or she saw you with what appeared to be a firearm. Those who suggest and support the six weeks detention are clearly indicating that our magistrates and judges are not doing a good enough job at determining the persons who should be offered bail.

Also, without knowing the full details, it is not proper or correct for anyone to say that persons, who are offered bail and accused of another charge, should never be offered bail on the second charge. The Bail Act already deals with this situation but there must be discretion from a judge after a careful review of the second charge.

Whereas there is much talk about the proposed changes, there is little talk about having a better crime lab, improving the investigative capacity of the police, ensuring that the police are better paid and have better working conditions. There is also little talk about stopping the flow of guns in Jamaica, ensuring greater and easier access to the justice system to resolve problems, increasing employment, improving the social and economic conditions, generally, and treating people with respect.

No one is yet to say what the police will do in the six weeks while a suspect or accused person is squeezed in a filthy cell. I guess no one will tell you what you can do with your life, after going to court for three years, only to have a trial that lasts for three hours and then a judge tells you that you are free to go because he finds you not guilty.

I shudder to believe the police should be given more power while it is not easy to keep pace with the current level of police excess. If the only policy of the Government is to 'lock dem up and throw wey de key', it seems as if we are a hundred years behind.

Keith N. Bishop is an Attorney-at-Law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com