Revised Bail Law Expands Consideration Time from 24 to 48 Hours

Jamaicans will have more time to consider bail, as revisions to the Bail Bill have increased the facilitation from 24 hours to 48 hours.

Under the current provisions, when a person is arrested or detained on reasonable suspicion that he or she has committed an offence, the law specifies that bail is to be considered within 24 hours.

Minister of Legal and Constitutional Affairs, Hon. Marlene Malahoo Forte, says the change from 24 to 48 hours is to allow for administrative matters to be taken into account.

“The fact that you have 48 hours to consider bail doesn’t mean that you can’t do it in the first two hours, three hours, [or] four hours; It doesn’t mean that you go to the maximum, but the maximum is set to enable the necessary records and other matters to be dealt with,” she stated in a recent interview with JIS News.

Persons in custody have a constitutional entitlement to bail, unless there is sufficient cause for keeping the person suspected of having committed the offence in custody.

Meanwhile, Mrs. Malahoo Forte said post-conviction bail can be granted, in limited circumstances.

“We have expanded it somewhat but even so, bail after conviction is unusual. If you were on bail before conviction and you are appealing the conviction or the sentence, the court may grant you bail in those circumstances,” she explained.

“The provision is set out in detail where bail may be granted by the judge before whom the person was convicted or may be granted by the Appellate Court. The provision is really just to ensure that justice is done in the appropriate circumstances,” Minister Malahoo Forte said.