Magistrates starting to open their eyes
tribune242 editorial
AT LAST, public exasperation at the lenient manner in which cases are handled -- especially for accused with well established criminal records -- is getting through to the magistrates.
In the delay of the trial of two men and a woman charged in a major gun and ammunition seizure case yesterday, the magistrate told the prosecution to make certain that defence lawyers were given all relevant statements. She then set a date for trial and warned defence counsel to be prepared to go ahead on that date so as not to waste the court's time. Also, she did not want the public to be given a negative impression of justice in the court system.
Unfortunately, the public already has that negative impression. It is now up to the courts to dispel it, not only by efficiently handling cases, but by more frequent denial of bail.
The public's criticism does not just rest with the magistrates. What many of our letter writers say about some defence lawyers is unprintable.
Bahamians know that many of the court delays are from the Outer Bar, and the pleading for leniency for hardened criminals comes from the mouths of many of those pleading attorneys.
The public is fed up. In cases where bail can be given, they want it given. Of course, with the amended bail act magistrates can no longer grant bail in serious cases, such as murder, armed robbery, rape, attempted rape and the various offences involving firearms.
In these cases, magistrates have to take into consideration the need to protect the safety of the public and public order. The need to protect the safety of the victim of the offence and the nature and seriousness of the offence and the nature and strength of the evidence against the defendant.
Another -- and it appears recent -- element that seems to be slipping into our court system is a defendant's attempt to select his judge.
Last week, the Appeal's Court turned down such an appeal calling it "forum shopping".
Accused of drug conspiracy, the defendant tried to get his case moved from the court of Deputy Chief Magistrate Carolita Bethel, by claiming bias.
The higher court found no bias against him on the part of the magistrate, but did find an attempt by him to "forum shop". This is something that has to be stopped in its tracks before it gets out of hand.
In his contribution to the House debate on the crime bills, Fox Hill MP Fred Mitchell challenged government to live up to its promise of reducing crime through criminal justice legislation.
However, when it came to the witness protection bill, Mr Mitchell complained that it was unconstitutional to deny the accused the right to know his accuser.
It would seem that Mr Mitchell not only wants his cake, but he wants to eat it too. Prime Minister Ingraham described what would happen to our judicial system if essential witnesses were not protected.
Last week, the cruel death of a man -- a case of mistaken identity -- should have sealed Mr Mitchell's lips forever on the issue of witness protection.
The dead man was a case of mistaken identity. The bullet was intended for a witness in a murder case. This was the second time that his assailants had missed him. He is now in the witness protection programme.
In the House, Mr Ingraham explained the need for such protection.
"It is the duty of every citizen," he said, "to report the commission of a crime, to cooperate with the police, to give evidence in court if they are called upon to do so, to assist the police in the execution of their duties and to go to the Supreme Court to serve as a juror.
"In order for a citizen to carry out that duty the citizen must feel safe, must feel and indeed know that they are going to be safe not going to be intimidated, not going to be hanged, that their family are going to be safe, and unmolested because they are simply doing their civic duty.
"Whenever that can't happen, the citizen is not inclined to cooperate, is unwilling to cooperate; if he's unwilling to cooperate we are unable to have prosecutions, we have a state that cannot enforce its laws and protect its citizens from criminal activity."
We recall the outcry when airline passengers resented being searched before boarding an aircraft -- it was unconstitutional and demeaning many said.
Today when faced with either giving up that constitutional right or being blown to smithereens, they stand in long lines, meekly taking off their belts and shoes, emptying their pockets and taking their turn walking through a metal detector. In choosing between their constitutional right and their life, they chose Life.
Today, that is what Bahamians will have to accept with the witness protection programme. In some instances, accused persons will have to give up their right to know the person giving evidence against them, in return for the witness's evidence and to make if possible for government to grant Mr Mitchell and all Bahamians' wish to reduce crime through the criminal justice system.
October 25, 2011
tribune242 editorial
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Showing posts with label Bail Act Bahamas. Show all posts
Showing posts with label Bail Act Bahamas. Show all posts
Thursday, October 27, 2011
Monday, September 26, 2011
The government is expected to unveil changes to the Bail Act when the House of Assembly reconvenes... ... it is still hard for Bahamians to understand why so many dangerous criminals are out on bail, mocking our system of justice and terrorizing us in our homes and in our businesses
Bahamians want action on bail
It would appear that a public spat has erupted between the Minister of National Security Tommy Turnquest and Chief Justice Sir Michael Barnett, over the effectiveness of the country’s judicial system.
Last week, Minister Turnquest repeated a statement he made in the past that criminals must be kept behind bars, and said that if judges were elected officials some of them would be run out of town.
Turnquest said that while he has no wish to encroach on the independence of the judicial system, in his opinion some judges have been far too “liberal” when it comes to granting bail to career criminals and those accused of serious offenses — and he believes the police and the public agree with him.
Sir Michael hit back hard. He described Turnquest’s criticisms as unfortunate. “I am always concerned when people attack the judiciary because persons have to be careful in what they say, so as not to undermine the public confidence in those of us who serve in judicial office,” Sir Michael said.
The Chief Justice stressed that judges are independent and do not make decisions based on public sentiment; and are aware of what goes on in society.
Sir Michael makes a good point, and perhaps Minister Turnquest should have chosen his words more carefully, but that does not erase the challenges faced by the judiciary and the impact those challenges are having on the country’s crime problem.
The government and Minister Turnquest should be commended for implementing the electronic monitoring bracelet system, which it is hoped will go a long way in preventing suspects from re-offending.
But it is still hard for Bahamians to understand why so many dangerous criminals are out on bail, mocking our system of justice and terrorizing us in our homes and in our businesses.
Our murder count - now over 100 - would have been lower over the past several years if a number of those out on bail were still in custody.
The country has now recorded four record-breaking murder counts in five years. And we are on pace to far outstrip last year’s record of 94.
The government is expected to unveil changes to the Bail Act when the House of Assembly reconvenes next month.
We hope these changes meet the needs of the country.
We are also eager to hear what Prime Minister Hubert Ingraham has to say in his upcoming national address on crime.
In addition to the questions over why so many dangerous criminals are out on bail, there is also still a great deal of confusion surrounding the rulings of the Privy Council and how they have impacted our judicial process.
A ruling by the Privy Council in which it held that it would be cruel and inhumane to execute someone under the sentence of death for more than five years has had unintended consequences, mostly arising from how unprepared our national leadership was to deal with such a momentous ruling.
Bahamians want and deserve a better explanation in terms of the various issues surrounding the matter of bail. But, more importantly, they are demanding action, arising out of fear for their very lives and livelihoods.
Sep 26, 2011
Tuesday, April 5, 2011
Bahamians want to know what more can be done legally and constitutionally to address the bail crisis
The bail crisis
thenassauguardian editorial
With the release of the recent murder statistics showing alarming increases, Bahamians are growing increasingly frightened for themselves, their loved ones, their property — and our way of life.
This must be a sobering moment for the Government. It should also be a sober moment for the Opposition, as they too, were unable to arrest the rise in serious crime.
This is not a moment for the Government to lose its nerve or for the Opposition to attempt to score political points on what is arguably the number one issue for most citizens.
One area which most Bahamians feel some headway can be made in the fight against crime is in regards to bail for serious criminals.
The government and Minister of National Security Tommy Turnquest should be commended for implementing the electronic monitoring bracelet system, which it is hoped will go a long way in preventing suspects from re-offending.
But it is still hard for Bahamians to understand why so many dangerous criminals are out on bail, mocking our system of justice and terrorizing us in our homes and in our businesses.
Our murder rate would have been lower over the past several years if a number of the persons on bail were still in custody. We have had three record-breaking murder counts in four years. We are on pace to have another record breaking year when it comes to murders.
Rulings by the Privy Council on how long an individual can be held on remand before being released on bail were intended to protect the innocent and various civil liberties. The ruling has had unintended consequences, mostly arising from how unprepared our national leadership was to deal with such a momentous ruling.
Bahamians want to understand what is going on. And they want action.
So far, the political leadership of the country, FNM and PLP, has failed to adequately explain and effectively communicate the details of the Privy Council ruling, which inadvertently helped to fuel the current crisis.
More urgently, Bahamians want to know what more can be done legally and constitutionally to address the bail crisis.
The government has said that it will amend the Bail Act to limit the circumstances under which bail may be granted. From what we understand, there has been some concern surrounding the constitutionality of such a move.
Are there constitutional changes that can be made in this area? If there are, they should be explored, if that is not already being done. If not, it should be explained to the public.
Crime knows no boundaries or person, property or politics.
Bahamians do not want finger-pointing and the casting of blame. There is plenty of blame to go around, including of those citizens who tolerate or turn a blind eye to certain crimes when it is convenient.
Bahamians want and deserve a better explanation in terms of the various issues surrounding the matter of bail. But, more importantly, they are demanding action, arising out of fear for their very lives and livelihoods.
4/5/2011
thenassauguardian editorial
thenassauguardian editorial
With the release of the recent murder statistics showing alarming increases, Bahamians are growing increasingly frightened for themselves, their loved ones, their property — and our way of life.
This must be a sobering moment for the Government. It should also be a sober moment for the Opposition, as they too, were unable to arrest the rise in serious crime.
This is not a moment for the Government to lose its nerve or for the Opposition to attempt to score political points on what is arguably the number one issue for most citizens.
One area which most Bahamians feel some headway can be made in the fight against crime is in regards to bail for serious criminals.
The government and Minister of National Security Tommy Turnquest should be commended for implementing the electronic monitoring bracelet system, which it is hoped will go a long way in preventing suspects from re-offending.
But it is still hard for Bahamians to understand why so many dangerous criminals are out on bail, mocking our system of justice and terrorizing us in our homes and in our businesses.
Our murder rate would have been lower over the past several years if a number of the persons on bail were still in custody. We have had three record-breaking murder counts in four years. We are on pace to have another record breaking year when it comes to murders.
Rulings by the Privy Council on how long an individual can be held on remand before being released on bail were intended to protect the innocent and various civil liberties. The ruling has had unintended consequences, mostly arising from how unprepared our national leadership was to deal with such a momentous ruling.
Bahamians want to understand what is going on. And they want action.
So far, the political leadership of the country, FNM and PLP, has failed to adequately explain and effectively communicate the details of the Privy Council ruling, which inadvertently helped to fuel the current crisis.
More urgently, Bahamians want to know what more can be done legally and constitutionally to address the bail crisis.
The government has said that it will amend the Bail Act to limit the circumstances under which bail may be granted. From what we understand, there has been some concern surrounding the constitutionality of such a move.
Are there constitutional changes that can be made in this area? If there are, they should be explored, if that is not already being done. If not, it should be explained to the public.
Crime knows no boundaries or person, property or politics.
Bahamians do not want finger-pointing and the casting of blame. There is plenty of blame to go around, including of those citizens who tolerate or turn a blind eye to certain crimes when it is convenient.
Bahamians want and deserve a better explanation in terms of the various issues surrounding the matter of bail. But, more importantly, they are demanding action, arising out of fear for their very lives and livelihoods.
4/5/2011
thenassauguardian editorial
Tuesday, June 22, 2010
Holding people charged with murder for up to three years in Her Majesty's Prison without trial 'may be unconstitutional
Holding murder charged for up to three years 'may be unconstitutional'
By TANEKA THOMPSON
Tribune Staff Reporter
tthompson@tribunemedia.net:
THE Government's intent to amend the law to hold people charged with murder in Her Majesty's Prison for up to three years without trial may be "unconstitutional", with some in the legal community arguing it will violate human rights.
Currently, a person charged with murder or another serious offence can be granted bail if they have not been brought to trial in a reasonable amount of time. Prime Minister Hubert Ingraham has indicated that his administration plans to specify in law that a reasonable amount of time would be three years.
It's a move by the Government to cut down on the number of offenders committing crimes while on bail, and assuage public outcry over those accused of murder being granted bail.
However, the decision has garnered criticism in the legal community.
Damian Gomez, partner in the law firm Chilcott Chambers, told The Tribune: "It's a violation of Article 20, it's a violation of Article 19 (of the constitution) and it's a violation of the common law which says that all citizens have the right not to be deprived of their liberty without some cause."
Mr Gomez, a former senator who has been practising law for more than 20 years, added that it is the fault of the police and prosecution for charging persons with serious offences without sufficient evidence in hand to try them quickly.
"If you charge someone with murder you ought to have enough evidence to proceed immediately. If you know the evidence that you have is insufficient to obtain a conviction, you have no basis then for charging them.
"The real issue is why haven't these people been tried within a reasonable amount of time?"
Attorney Paul Moss believes such a practice violates the human rights of innocent people who may be brought up on murder charges and are forced to languish behind bars for years while police and prosecution search for further evidence.
"Everyone wants a criminal to be locked up, but certainly people don't want the innocent to be locked up. Extending (holding) time to three years is not reasonable. I'm not sure that it's constitutional but certainly it is not the answer because all it means is that they are not on bail but after three years they will get bail and what do you do then, extend it to five years?
"If the government, because of its own failure, is unable to get people to court in a timely fashion, the constitution will not bend to them."
Last month, when speaking to Parliament about proposed amendments to the Bail Act and the issue of crime, Mr Ingraham said he is confident the changes will be lawful and stand up in court.
"The only time you cannot deny bail is when the person has not been tried within a reasonable period of time, but there is no such thing as an absolute right to bail, notwithstanding what anybody else says.
"And it is our intention in the Bahamas to propose that in the context of the Bahamas, a reasonable period of time is three years. We are satisfied that such a provision will withstand any challenge before all competent courts of jurisdiction for the Bahamas."
June 22, 2010
tribune242
By TANEKA THOMPSON
Tribune Staff Reporter
tthompson@tribunemedia.net:
THE Government's intent to amend the law to hold people charged with murder in Her Majesty's Prison for up to three years without trial may be "unconstitutional", with some in the legal community arguing it will violate human rights.
Currently, a person charged with murder or another serious offence can be granted bail if they have not been brought to trial in a reasonable amount of time. Prime Minister Hubert Ingraham has indicated that his administration plans to specify in law that a reasonable amount of time would be three years.
It's a move by the Government to cut down on the number of offenders committing crimes while on bail, and assuage public outcry over those accused of murder being granted bail.
However, the decision has garnered criticism in the legal community.
Damian Gomez, partner in the law firm Chilcott Chambers, told The Tribune: "It's a violation of Article 20, it's a violation of Article 19 (of the constitution) and it's a violation of the common law which says that all citizens have the right not to be deprived of their liberty without some cause."
Mr Gomez, a former senator who has been practising law for more than 20 years, added that it is the fault of the police and prosecution for charging persons with serious offences without sufficient evidence in hand to try them quickly.
"If you charge someone with murder you ought to have enough evidence to proceed immediately. If you know the evidence that you have is insufficient to obtain a conviction, you have no basis then for charging them.
"The real issue is why haven't these people been tried within a reasonable amount of time?"
Attorney Paul Moss believes such a practice violates the human rights of innocent people who may be brought up on murder charges and are forced to languish behind bars for years while police and prosecution search for further evidence.
"Everyone wants a criminal to be locked up, but certainly people don't want the innocent to be locked up. Extending (holding) time to three years is not reasonable. I'm not sure that it's constitutional but certainly it is not the answer because all it means is that they are not on bail but after three years they will get bail and what do you do then, extend it to five years?
"If the government, because of its own failure, is unable to get people to court in a timely fashion, the constitution will not bend to them."
Last month, when speaking to Parliament about proposed amendments to the Bail Act and the issue of crime, Mr Ingraham said he is confident the changes will be lawful and stand up in court.
"The only time you cannot deny bail is when the person has not been tried within a reasonable period of time, but there is no such thing as an absolute right to bail, notwithstanding what anybody else says.
"And it is our intention in the Bahamas to propose that in the context of the Bahamas, a reasonable period of time is three years. We are satisfied that such a provision will withstand any challenge before all competent courts of jurisdiction for the Bahamas."
June 22, 2010
tribune242
Sunday, April 18, 2010
Government urged to tread carefully on bail change
Govt urged to tread carefully on bail change
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
In crafting its amendment to the Bail Act the government must be careful that it does not legislate anything that would violate the constitutional rights of any citizens, according to prominent attorney Damian Gomez.
Another noted attorney, Wayne Munroe, said in an interview with The Nassau Guardian yesterday that any law that is found to be unconstitutional would have no impact.
"The Supreme Court will strike down any law that would violate somebody's constitutional right," Munroe said.
Gomez and Munroe, who spoke to The Guardian separately, were reacting to the government's declaration in the Speech from the Throne that it will bring an amendment to Parliament which would further restrict the right to bail for persons charged with serious crimes, and to limit the circumstances under which bail may be granted.
Munroe noted that currently bail is granted in three instances: When a suspect has been on remand for an unreasonable period of time; when a judge determines the evidence against that suspect is not strong and when a determination is made that prison conditions are such that a medical condition might result in a person's death in prison.
Under the Bahamian constitution, if any person is charged with a criminal offense, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
Gomez believes that it is often the fault of the Office of the Attorney General that many cases are delayed.
"The real question is why is it taking us so long to provide the attorney general's office with the resources to ensure that it carries out its lawful mandate," he said. "If it isn't a question of resources, what is happening in that office that causes delays which inflict incarceration of persons who have in fact not been convicted? We are hopeful that the government in its efforts to curtail the conditions under which bail is granted does not impede on the constitutional rights of accused persons and does not ignore the responsibility of the government to ensure our attorney general's office [has the necessary resources] and is efficient in the delivery of the services the public expects it to deliver.
"Until we resolve those problems associated with efficiency and with levels of resources we are going to be confronted with situations in which the public becomes alarmed, anxious and fearful that the law is not in fact being carried out and that persons are able to commit crimes and to do so with impunity. We are hopeful that the resources will be provided to the attorney general's office and I will be surprised if any legislative measure can be used as a substitute for the resources for that department. Until that department is properly resourced we will have the specter of long delays which result in bail being granted."
Gomez added, "We can only at this stage reiterate the warning that we are a constitutional democracy and the provisions of Article 20 of the constitution apply to criminal proceedings and civil proceedings, and the rights of accused persons are constitutionally protected rights."
Meanwhile, Munroe questioned whether the government's motives are pure as it regards its plan to introduce an amendment to the Bail Act.
"I think it's done for a cheap political gain and if that's how they tend to deal with the liberty of the subject then it's for the subject to determine whether that's reasonable," he said.
The government noted in the Speech from the Throne that a number of people who commit crimes do so while on bail pending trial for other offenses.
April 16 2010
thenassauguardian
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
In crafting its amendment to the Bail Act the government must be careful that it does not legislate anything that would violate the constitutional rights of any citizens, according to prominent attorney Damian Gomez.
Another noted attorney, Wayne Munroe, said in an interview with The Nassau Guardian yesterday that any law that is found to be unconstitutional would have no impact.
"The Supreme Court will strike down any law that would violate somebody's constitutional right," Munroe said.
Gomez and Munroe, who spoke to The Guardian separately, were reacting to the government's declaration in the Speech from the Throne that it will bring an amendment to Parliament which would further restrict the right to bail for persons charged with serious crimes, and to limit the circumstances under which bail may be granted.
Munroe noted that currently bail is granted in three instances: When a suspect has been on remand for an unreasonable period of time; when a judge determines the evidence against that suspect is not strong and when a determination is made that prison conditions are such that a medical condition might result in a person's death in prison.
Under the Bahamian constitution, if any person is charged with a criminal offense, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
Gomez believes that it is often the fault of the Office of the Attorney General that many cases are delayed.
"The real question is why is it taking us so long to provide the attorney general's office with the resources to ensure that it carries out its lawful mandate," he said. "If it isn't a question of resources, what is happening in that office that causes delays which inflict incarceration of persons who have in fact not been convicted? We are hopeful that the government in its efforts to curtail the conditions under which bail is granted does not impede on the constitutional rights of accused persons and does not ignore the responsibility of the government to ensure our attorney general's office [has the necessary resources] and is efficient in the delivery of the services the public expects it to deliver.
"Until we resolve those problems associated with efficiency and with levels of resources we are going to be confronted with situations in which the public becomes alarmed, anxious and fearful that the law is not in fact being carried out and that persons are able to commit crimes and to do so with impunity. We are hopeful that the resources will be provided to the attorney general's office and I will be surprised if any legislative measure can be used as a substitute for the resources for that department. Until that department is properly resourced we will have the specter of long delays which result in bail being granted."
Gomez added, "We can only at this stage reiterate the warning that we are a constitutional democracy and the provisions of Article 20 of the constitution apply to criminal proceedings and civil proceedings, and the rights of accused persons are constitutionally protected rights."
Meanwhile, Munroe questioned whether the government's motives are pure as it regards its plan to introduce an amendment to the Bail Act.
"I think it's done for a cheap political gain and if that's how they tend to deal with the liberty of the subject then it's for the subject to determine whether that's reasonable," he said.
The government noted in the Speech from the Throne that a number of people who commit crimes do so while on bail pending trial for other offenses.
April 16 2010
thenassauguardian
Saturday, April 17, 2010
Attorney General John Delaney says bail changes necessary
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
thenassauguardian
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
thenassauguardian
Friday, April 16, 2010
Government outlines ambitious Plan in throne speech
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
The government yesterday outlined an ambitious legislative agenda in the Speech from the Throne, which highlighted more than 30 measures it intends to have passed.
A few of the proposed pieces of legislation were contained in the 2007 speech, but a notable item — the controversial marital rape bill — is not listed for resurrection. And despite what some expected, there was no mention of any legislation to provide for the legalization of gambling for Bahamians.
The government's statement that it intends to amend the Bail Act drew applause as it was read by Sir Arthur Foulkes, the country's newest governor general who was sworn in about an hour earlier at Government House.
The statement came amid ongoing public concern about violent crime in the society and calls for the government to act to address the scourge.
"Many provisions in the Penal Code and in the Criminal Procedure Code are relics from a bygone period," the speech says.
"My government will therefore place before you legislation to enact a new modern Penal Code and a new updated Criminal Procedure Code."
The speech continues, "A number of persons who commit crimes, do so whilst on bail pending trial for other offenses. An amendment to the Bail Act will be placed before you to further restrict the right to bail for persons charged with serious crimes, and to limit the circumstances under which bail may be granted."
It was also announced that legislation will be brought to repeal and replace the existing Magistrates Court Act. The government will introduce a new Coroners Act, and legislation to repeal and replace the 1943 Prison Act.
In addition, the government intends to amend the Legal Profession Act to facilitate more expeditious disciplining of errant attorneys.
Saying that it has a long-standing commitment to good, effective and open governance, the government foreshadowed a Freedom of Information Bill "meant to enhance transparency and accountability and to provide the Bahamian people and the media with greater access to government decision-making". Prime Minister Hubert Ingraham has previously said he has no specific timeline for introducing this measure, other than he intends to have it passed before the end of his five-year term in office.
The government also announced in its speech yesterday that it will continue public sector reform and will place before Parliament a new Public Service Act.
Another notable measure included in the Speech from the Throne is a proposed bill to amend the Parliamentary Elections Act. The need for amendments to this piece of legislation was highlighted after the recent Elizabeth Election Court ruling exposed failures in the parliamentary registration system — as did the two rulings handed down in the Pinewood and Marco City challenges brought after the 2007 general election.
In the seven-page speech, the government outlined proposed legislation to protect the environment.
"To further bolster our environmental defenses and combat the dire effects of climate change, legislation will be placed before you to make enforcement of various international obligations and domestic laws more vigorous and effective," the speech says.
The government promised legislation to impose levies on the disposal of carbon-polluting items such as motor vehicles, tires, appliances and other items. It also proposes to amend the Bahamas National Trust Act, and has promised a Forestry Act and an Animal Control and Protection Act.
As it did in the 2007 speech, the government has committed to introducing a bill to protect the rights of persons with disabilities.
Other measures are also being proposed. Some of them are proposed legislation for a new Securities Act, a Small and Medium Size Business Development Act, a Medical Act and a Contractors Act.
The House of Assembly has been adjourned to next week Wednesday. Among other matters, there will be a resolution to thank the governor general for reading the Speech from the Throne.
April 15, 2010
thenassauguardian
The government yesterday outlined an ambitious legislative agenda in the Speech from the Throne, which highlighted more than 30 measures it intends to have passed.
A few of the proposed pieces of legislation were contained in the 2007 speech, but a notable item — the controversial marital rape bill — is not listed for resurrection. And despite what some expected, there was no mention of any legislation to provide for the legalization of gambling for Bahamians.
The government's statement that it intends to amend the Bail Act drew applause as it was read by Sir Arthur Foulkes, the country's newest governor general who was sworn in about an hour earlier at Government House.
The statement came amid ongoing public concern about violent crime in the society and calls for the government to act to address the scourge.
"Many provisions in the Penal Code and in the Criminal Procedure Code are relics from a bygone period," the speech says.
"My government will therefore place before you legislation to enact a new modern Penal Code and a new updated Criminal Procedure Code."
The speech continues, "A number of persons who commit crimes, do so whilst on bail pending trial for other offenses. An amendment to the Bail Act will be placed before you to further restrict the right to bail for persons charged with serious crimes, and to limit the circumstances under which bail may be granted."
It was also announced that legislation will be brought to repeal and replace the existing Magistrates Court Act. The government will introduce a new Coroners Act, and legislation to repeal and replace the 1943 Prison Act.
In addition, the government intends to amend the Legal Profession Act to facilitate more expeditious disciplining of errant attorneys.
Saying that it has a long-standing commitment to good, effective and open governance, the government foreshadowed a Freedom of Information Bill "meant to enhance transparency and accountability and to provide the Bahamian people and the media with greater access to government decision-making". Prime Minister Hubert Ingraham has previously said he has no specific timeline for introducing this measure, other than he intends to have it passed before the end of his five-year term in office.
The government also announced in its speech yesterday that it will continue public sector reform and will place before Parliament a new Public Service Act.
Another notable measure included in the Speech from the Throne is a proposed bill to amend the Parliamentary Elections Act. The need for amendments to this piece of legislation was highlighted after the recent Elizabeth Election Court ruling exposed failures in the parliamentary registration system — as did the two rulings handed down in the Pinewood and Marco City challenges brought after the 2007 general election.
In the seven-page speech, the government outlined proposed legislation to protect the environment.
"To further bolster our environmental defenses and combat the dire effects of climate change, legislation will be placed before you to make enforcement of various international obligations and domestic laws more vigorous and effective," the speech says.
The government promised legislation to impose levies on the disposal of carbon-polluting items such as motor vehicles, tires, appliances and other items. It also proposes to amend the Bahamas National Trust Act, and has promised a Forestry Act and an Animal Control and Protection Act.
As it did in the 2007 speech, the government has committed to introducing a bill to protect the rights of persons with disabilities.
Other measures are also being proposed. Some of them are proposed legislation for a new Securities Act, a Small and Medium Size Business Development Act, a Medical Act and a Contractors Act.
The House of Assembly has been adjourned to next week Wednesday. Among other matters, there will be a resolution to thank the governor general for reading the Speech from the Throne.
April 15, 2010
thenassauguardian
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