Chuck: Amended Bail Act coming very shortly
Published:Friday | April 29, 2022 | 12:08 AMLeon Jackson/Gleaner Writer
WESTERN BUREAU:
MINISTER OF Justice Delroy Chuck has informed The Gleaner that a bill to amend the Bail Act is to be tabled in Parliament shortly.
“The commissioner (police) is concerned about people on bail who are accused of perpetuating crimes. Very shortly, in a matter of weeks, there will be a new Bail Act which will address some of the concerns of the police,” Chuck informed.
The Bail Act informs that “a bail denotes provisional release of accused on criminal case on which trial is pending and the court is yet to announce a judgement”.
Superintendent Carlos Russell, who is in charge of the Trelawny Police Division, echoed the expressed views that based on evidence from surveillance, criminals on bail persist in committing “nefarious” acts.
“The police is aware that persons arrested and charged for various crimes, and who are on bail, are on our radar as persons of interest in relation to criminal offences. I would not want to give names but we are aware of their nefarious activities,” Russell informed.
In an interview earlier this year, another high-ranking member of the Jamaica Constabulary Force, Deputy Commissioner Fitz Bailey, had expressed a view in relation to bail for persons who are arrested and charged for certain crimes, noting abnormal trends as justification for a review of the legislation.
“The types of violence we are experiencing in Jamaica is not normal. When we have these kinds of extraordinary situations, there is a requirement for extraordinary response,” Bailey remarked. “The legislative process should be so framed that persons charged for certain kinds of crimes should remain in custody while awaiting trial. The system of trial should be swift to ensure an accused rights are protected.”
There has been a spate of drive-by shootings across the island, which have resulted in multiple killings, including of innocent persons who happen to be in the vicinity of a targeted individual. Gunmen have also been murdering women and children in targeted attacks. Two weeks ago, national under-17 football representative, Omar Laing, who also played for St Andrew Technical High School and Cavalier Soccer Club, was chased and shot to death along Charles Street in the vicinity of Orange Street in Kingston.
NO COMMENT
A response was also sought from Director of Public Prosecutions Paula Llewellyn, about amending the Bail Act, but she kept her cards close to her chest, saying: “I think prudence obliges me to decline comment on the issue.”
Attorney Linton Gordon is of the view that all persons arrested and charged for crimes are entitled to bail.
“All citizens arrested and charged for crimes are presumed innocent until a court finds them guilty. To keep a person in custody while awaiting trial would be short-circuiting the justice system,” Gordon expressed.
His sentiments were shared by Children’s Advocate Diahann Gordon Harrison, who said that accused persons, especially children, are entitled to bail.
“When a child is arrested and charged for any crime, they should be afforded bail. Bail is a legal right for all children. Children should only be detained in extreme circumstances,” she said.
“We do not have enough space to keep children in custody. It is a very expensive situation,” Gordon Harrison expounded. “The child’s educational rights have to be protected, the psychosocial needs have to be considered, plus a host of other conditions. Keeping a child in custody should only happen in extreme circumstances.”