AG says bail changes necessary
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
An amendment to the Bail Act that would further restrict the right to bail for people charged with serious crimes and limit the circumstances under which bail may be granted is "extremely important", according to Attorney General John Delaney.
He acknowledged that a growing number of people on bail are allegedly committing other crimes.
But Delaney yesterday declined to provide any bail figures. At last count in 2009, the number of murder suspects on bail was more than 100, according to Minister of National Security Tommy Turnquest.
Delaney said, "As far as the AG's office is concerned, we are a part of the criminal justice system. We're only one part, but we consider the prosecution part to be a very important part. And we want to ensure, having regard to the needs of the Bahamian people, and their concern about the fact that after persons are charged — albeit they're innocent until proven guilty and albeit there is a need for trials to be tried within a reasonable period of time — that with the fact that there appears to be a number of persons that are already charged that are being released on bail and they are alleged to having committed other offenses and therefore being charged again.
"So the important thing is the government must respond to that."
The government's statement that it intends to amend the Bail Act drew applause as it was read on Wednesday morning.
Delaney pointed out that while the government will bring the legislation, that is as far as it can go.
"As far as the granting of bail is concerned, that's not something within the prosecution's [power]," said Delaney. "That's something for the judiciary — the judges. They would fairly exercise their discretion and make decisions. Now the question is how should the legislature represent the people. Should they look at the circumstances under which bail is granted and narrow that to be responsive to the pressing concerns of the Bahamian people while of course ensuring that substantial fairness is done with respect to the rights of the individual?"
The government also intends to introduce legislation to enact a new modern Penal Code and a new updated Criminal Procedure Code, repeal and replace the existing Magistrates Court Act and introduce a new Coroners Act.
In addition, the government intends to amend the Legal Profession Act to facilitate more expeditious disciplining of errant attorneys.
Delaney said all of the changes are necessary.
"With respect to the Magistrates Act, believe it or not, most of our cases are resolved at that first tier of the justice system," he said. "Then the second busiest tier is the Supreme Court and then you have the Court of Appeal, which is far less, then the Privy Council which is less still. So when we concentrate on the magistrate's court we are concentrating on the level that impacts the great majority of cases that our system generates."
He admitted that as it stands now, the magistrate's court is "not the most efficient system".
"We're looking at it to make sure the system is more efficient. So that's our burden, to try and improve things," the attorney general said.
As it relates to the Penal Code, Delaney said some of the offenses are "trapped in the last century."
Overall, Delaney said while the government's legislative agenda is very aggressive, the attorney general's office is satisfied with the upcoming changes.
"Our office will be extremely busy but we're very excited about it," he said. "And we're looking forward to getting these bills to Parliament."
April 16 2010
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