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Bail Act Needs Urgent Review

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

THE power of magistrates to grant bail in all but the most serious of offences should be returned forthwith, the country’s top judge said yesterday, as he urged Parliament to pay more than “lip service” to the issue.

Acting Chief Justice Stephen Isaacs, during his address to mark the opening of the 2018 legal year, said stripping magistrates of the authority to grant bail for certain offences is “counter-productive” and has created nothing but “confusion” for magistrates and senior judges.

He said instead of being a “crime fighting tool”, the 2016 amendment to the Bail Act under the former administration has the “potential of creating resentment toward the authorities by those young persons caught up in this conveyor belt process.”

The 2016 amendment to the Bail Act made charges of intentional libel, assault, stealing and a number of other previously bailable offences non-bailable in Magistrate’s Court. It resulted in an increase in the number of people being remanded to the Department of Correctional Services and having to apply for a bond in the Supreme Court.

The amendment did not return the power of magistrates to grant bail for the offences of drug possession with intent to supply, certain firearms matters, rape, housebreaking, attempted murder and threats of death.

Yesterday, Acting Chief Justice Isaacs said what now typically happens in the Magistrate’s Court is defendants charged with minor crimes, typically “young offenders”, ultimately find themselves remanded to prison.

He said it is then left up to the defendant, assuming “he or she has the wherewithal”, to hire a lawyer to apply to the Supreme Court for a bail hearing. If a defendant cannot afford a lawyer, however, he said the process of applying personally is “invariably extended” over a much longer period.

He said the 2016 amendment has not only increased the Supreme Court’s workload and “often throws the bail list out of sync”, it “strands young persons in prison for minor offences prior to trial” when previously a magistrate would routinely grant bail, sometimes with additional conditions.

“Returning the authority to magistrates to grant bail in all but the most serious offences, such as murder, manslaughter and armed robbery, ought to be given more than lip service, which is all that it has received to date,” he said. “The statutory authority of magistrates to grant bail for minor offences ought to be returned forthwith.”

He added: “This is a serious issue and I can only fathom that the aim of the executive was to pitch in on the fight against crime, which is to be commended. There has been, however, some perverse results. I use as an example, the fact that a magistrate cannot grant bail for these minor offences, but the police can.”

Acting Chief Justice Isaacs also touched on the “double jeopardy” for people who are released on bail at the Supreme Court with conditions.

He said apart from signing a bond along with one or two sureties, a person granted bail is often subject to other conditions such as reporting to a police station nearest their home on specific days, usually before 6pm, wearing an electronic monitoring device or being subject to a curfew.

The “double jeopardy” occurs upon the “exposure” of an accused person to have bail revoked subsequent to the Crown’s application because that person breached their bail conditions, usually for failing to report to a police station or less frequently, failing to appear for trial.

He said the issue has become further “complicated” by legislation that empowers magistrates to imprison people for breach of their respective bail conditions, notwithstanding the bail having been granted by the Supreme Court.

Additionally, he said it is a “matter of record” that accused people are being sent to prison by magistrates for one year as punishment for what he said is a “standalone offence” in breach of bail conditions. And that, he said, takes place long before the substantive charge is even heard, “on which the accused person may very well be acquitted”.

However, the acting chief justice said that an accused person would have already served time for a matter that is “ancillary” to the original offence.

“This legislation may be another attempt to fight crime but the result has created confusion for both magistrates and judges,” he said. “Bearing in mind the principle that legislation is presumed to be constitutional, I would not go further than to say that this issue ought to be revisited.”

Last year, his predecessor and now Court of Appeal President Sir Hartman Longley said the judicial system can be “significantly improved” if the jurisdiction of stipendiary and circuit magistrates in many cases of bail is restored.

At the time, Sir Hartman said “precious time” is wasted at both levels in “matters than can and perhaps ought to be dealt with at the summary level.”

Comments

TheMadHatter 9 months ago

I must respectfully disagree with the learned gentleman.

It appears from the statements that more and more people are having to spend time in prison - even in many cases where they are actually innocent.

This is a good thing. In fact, i would ask the Minister of Education to put forth legislation that for any student in private school to graduate - they must spend 3 weeks in prison during or immediately following their senior year. They must do this to receive their diploma.

The reason i suggest this is because most people in the Fox Hill prison are ghetto types, poor and black (the rich black seldom reside there) and of course nobody cares about them or the unspeakable conditions they endure in prison and the long after-effects which sometimes truly never go away.

If all the richer people who put their kids in private school to avoid the dregs of society knew that their "good little boys and girls" have to go "up there" and (censored) then they would suddenly and magically begin investigating the sales of rubber boots.

So..no Sir...don't restore the powers. Let the "problem" mushroom until a REAL solution is found - not a solution only for the privileged high society folk.

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DDK 9 months ago

I respectfully disagree with you and do agree with Acting Chief Justice Stephen Isaacs that the power of magistrates to grant bail in all but the most serious of offences should be returned forthwith. This lack of bail for suspected minor crime does more harm than good and does cause understandable bitterness and resentment, especially with the many arrested by the RBPF on hearsay or simply because someone was in the area..........

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TheMadHatter 9 months ago

DDK you have a point but the thing is that only poor people (who cant afford bail) end up in jail. They often then end up in hospital for (censored).

I've never heard about a magistrate sentencing someone to six months in jail and *, but we all know that is a part of it. Many in society know about this but ignore it because they consider it to be a deterrent to crime. After 40 years, however, all it has done is breed more criminals out of people who feel like they are not truly a part of society (im talking about Bahamians) and that their lives are irrelevant.

After **** they truly know how little someone's life matters, but when they then kill people without seeming care or concern we wonder "Why don't they know the value of human life?"

Duh.

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