‘No Bail’ Bill by Christmas

The Senate was adjourned to a date to be fixed, but it is likely to meet next week.

The bill seeks to amend the Bail Act of 1994 to make certain violent offences, including the offence of kidnapping for ransom, non-bailable offences.

Because the act is inconsistent with Sections 4 and 5 of the Constitution — specifically infringing on the rights to liberty, to equality before the law and to reasonable bail with just cause — it requires a special majority of three-fifths of the members of the House of Representatives.

According to the bill, "the court shall not grant bail to a person charged with the offence of kidnapping for ransom." But the bill requires the case to come to court within 60 days.

It states "where the person charged with the offence of kidnapping for ransom is not brought to trial within 60 days of the charge, that person shall be entitled to make an application to a judge in chambers for bail."

The bill also adopts the American "three strikes and you’re out" system, which denies bail to persons on their third offence.

According to the bill, once a person has two previous convictions for a "violent" crime, they would be automatically ineligible for bail. The legislation explains "violent crimes" to include manslaughter; possessing and use of firearms or ammunition with intent to injure; rape; grievous sexual assault; sexual intercourse with either a female under 14 years, a female between 14 and 16, or a male under 16; buggery; sexual intercourse with an adopted minor; sexual intercourse with a mentally subnormal person; incest; shooting or wounding with intent to do grievous bodily harm; robbery, robbery with aggravation and armed robbery.

Once it is passed, the bill will continue in force for a period of one year, and may be continued in force for an additional period by an act of Parliament.

The Bail Amendment Bill will be piloted by Attorney General John Jeremie.