The Penal Code-Part 1

The Law Reform Commission (“the Commission”) has undertaken a review of specific provisions within the Penal Code (2019 Revision) (“the Penal Code”) concerning immature age (minimum age of criminal responsibility), compulsion by spouse, insulting the modesty of a woman, procuring abortion, unnatural offences and indecent assault. The review was necessitated by the potential incompatibility of these provisions with the Bill of Rights, Freedoms and Responsibilities (“the Bill of Rights”) as enshrined in Part I to Schedule 2 to the Cayman Islands Constitution Order, 2009 (“the Constitution”).

The review of the Penal Code was initiated following a referral by the Hon. Attorney General in 2017. The Commission was tasked with assessing the Penal Code’s compatibility with the Bill of Rights and identifying provisions that may be inconsistent with the Constitution. Additionally, the review sought to
update any archaic provisions contained in the legislation. At its meeting held on the 6th November 2018, the Commission determined that the review would be conducted in phases. The first phase was focused on examining provisions within the Penal Code that were potentially incompatible with the Bill of Rights.

On 13th August, 2021, the Commission published a Discussion Paper titled “The Penal Code: Is It Compatible with The Bill of Rights?” for public consultation. The Discussion Paper proposed the amendment or repeal of specific provisions within the Penal Code to ensure compliance with the Bill of
Rights. The public consultation period commenced on 29th December, 2021 and concluded on 15th March, 2022. Following the consultation process, on 4th October, 2022, the Commission submitted its Final Report titled “The Penal Code: Is It Compatible with the Bill of Rights?” to the Hon. Attorney General. The submission was accompanied by the proposed Penal Code (Amendment) Bill, 2022.