Abscondence of Bail Clarified Under New Law

The new Bail law will consider specific circumstances in determining whether a person released on bail has absconded.

Clause 14 of the legislation states that a defendant commits the offence of absconding if he/she fails to surrender to custody at the appointed time or as soon as possible thereafter.

Speaking in an interview with JIS News, Minister of Legal and Constitutional Affairs, Hon. Marlene Malahoo Forte, said that while it is an offence to abscond bail, extenuating circumstances are considered.

“We have taken into account the circumstances and the lessons from COVID. We know, for example, people may be on their way to court, they may meet in an accident, end up being hospitalised and would not be able to surrender.

“The failure by itself is not counted as an offence, but if as soon after that failure you are unable to surrender [then an offence would have been committed],” she explained.

Minister Malahoo Forte noted, further, that once a defendant can have word sent to the court and it can be verified, the offence is not committed.

“The law strikes the appropriate balance to ensure that everyone is given a fair opportunity to surrender to custody,” she said, emphasising that “if you fail, thereafter, and you committed the offence, the penalty is imprisonment to a term not exceeding five years in the Parish Court and seven years in the Circuit Court.”

Minister Malahoo Forte explained that if a sentence of imprisonment is imposed, “it will run consecutively to the sentence for the offence, if you are convicted of the offence that you absconded on”.