New Bail Bill Allows for Prescribed Records to be Kept

The new Bail Bill will allow for prescribed records to be kept, says Minister of Legal and Constitutional Affairs, Hon. Marlene Malahoo Forte.

Prescribed record means the record of a decision regarding bail.

“So, any decision in respect of a grant or denial of bail has to be in writing, in prescribed form and that information is served on the defendant and on the prosecution,” the Minister explained.

Mrs. Malahoo Forte was speaking in a recent JIS Television ‘Get the Facts’ interview.

“We have put it in prescribed form to allow for speed in keeping the record and for consistency and accuracy, and we have specified what must be stated in the record,” she noted.

The Minister further pointed out that any defendant who needs to show that they are on bail can have the record for themselves.

“Any defendant who has been denied bail will get the record to enable them to apply for a review or an appeal of it, and the law sets out very clearly where you appeal to/from,” Mrs. Malahoo Forte said.

“You can appeal from a decision of the police to the Parish Court judge, from a decision of the Parish Court Judge to the Supreme Court judge. And now we also have the prosecution right of appeal and the prosecution will appeal to the Court of Appeal,” she added.

A decision has been taken to enact legislation to repeal and replace the Bail Act, having regard to the fact that the existing Act was enacted prior to amendments to the fundamental rights and freedoms provisions contained in Chapter III of the Constitution of Jamaica.

There was also the need for new provisions to address circumstances peculiar to Jamaica, and the need for greater clarity in certain provisions of the existing Act.

The Bail Act is currently under review by a Joint Select Committee of Parliament.