The second volume of the law enforcement review is extensive. It examines nine public-sector bodies and seven other public service organisations in their roles connected to the criminal justice system. All told, it offers 375 recommendations to be carried out over the next decade. This roadmap is divided into three phases: the first to be completed by the end of 2028; the second to be completed by the end of 2031; and the third to be completed by the end of 2035. The following is a small sample designed to illustrate the wide breadth of the recommendations.
Port restrictions
In a section reviewing the Customs and Immigration departments, the report states that several ports and airports on the sister islands should be closed to international traffic due to a lack of “sufficient resources, facilities and equipment to operate effectively.” They include the Auguste George Airport in Anegada; the Dog Hole ferry terminal in Jost Van Dyke; and Gun Creek and the Taddy Bay International Airport on Virgin Gorda. The review also recommends closing the St. Thomas Bay terminal in Virgin Gorda as a customs port for containerised cargo. Non-containerised traffic would remain permitted there, however. These recommendations would essentially limit international traffic to Tortola only.
Organised crime
Under a section dealing with “tackling serious organised crime,” the report lists eight measures to help the VI gather intelligence and to otherwise prevent and disrupt such criminality. They include a recommendation to be completed by the end of 2028 to “map organised crime groups” across the territory and “use the mapping to prioritise activity in tasking and co-ordination meetings” under the purview of the police commissioner. Another recommendation, which is to be completed by the end of 2031, would establish a “multiagency serious and organised crime board.” The section offers many other recommendations as well.
His Majesty’s Prison
The review also considers His Majesty’s Prison at Balsam Ghut. This facility, the report states, houses prisoners of all security categories, prisoners on remand, male and female inmates, immigration detainees, and juveniles. The report adds that the prison falls under internal security and should therefore be under the responsibility of the governor. The section covering prisons is robust, taking up nearly 40 pages of the review and involving 78 recommendations that cover a wide range of topics: oversight issues, training programme improvements for staff, security issues, human rights of prisoners, the need to recruit staff, improvement of living conditions, and the better management of records, among others. For example, the review found that with 21 vacancies out of 64 full-time positions the prison lacks the necessary personnel to run the facility safely and effectively. It calls for the governor and the Ministry of Health and Social Development to “prioritise” filling these vacancies. Additionally, the report reiterates issues it brought up from its first volume involving the prison’s “cramped and unsafe” living conditions. This volume emphasises the need for a “longterm improvement plan” for the facility, to be overseen by the governor.
Maritime agency
The review calls for the creation of a new agency responsible for maritime security as well as a strategy to keep VI waters safe. Twenty-six recommendations are related to this goal, 18 of which are to be completed by the end of 2028. One seeks new legislation that would allow the establishment of a Maritime Security Law Enforcement Agency in the VI. This authority, the report states, should fall under the responsibility of the governor. It should “carry out 24/7 patrolling” and would require an estimated “90 operational law-enforcement officers” as well as additional staff to handle intelligence, a maritime operations centre (the implementation of which is another review recommendation), and engineering, the report states. It does not estimate the cost of these new operations, but one recommendation calls for the Foreign, Commonwealth and Development Office to fund “a statement of need” for the agency’s vessels and equipment. The review notes that the fleet and staffing “would require significant investment,” but it does not recommend a funding source.
Anti-Corruption Agency
To address corruption through an independent body, the report calls for the establishment of an anti-corruption agency overseen by the governor. The introduction of legislation would be required to establish this agency, which the report states should comply with United Nations standards under the “Jakarta principles for anti-corruption agencies.” The report also outlines safeguards that should be legislated to bolster the agency’s independence, including provisions for long-term budget allocations from the VI government that cannot be reduced midyear and a criminal offence for “interfering” with the agency or “acting improperly to reduce its power.” Among the recommendations dealing with the implementation of this agency, the report advises that the governor should “recruit suitably experienced and skilled expatriate candidates” for the positions of the head of the agency’s investigation and intelligence unit, investigators, and financial investigators. The report does not specify the number of staff the agency should have.
Halls of Justice
Noting that the government’s plan to build a Halls of Justice to house the territory’s courts has stalled, the review recommends that the facility be erected and adequately funded by the end of 2035. The recommendation also outlines a number of requirements for the facility, including various amenities to ensure security as well as sufficient courtrooms and administrative offices for the courts.
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