Mixed views on effect of Bail Bill lapse

“What I have noticed this morning is that magistrates have been granting bail. They have granted bail because they can now do it,” he said. Godson-Philip said magistrates were also denying a grant of bail by invoking section six of the Bail Act in cases where a suspect has similar matters pending or has prior convictions within the past ten years.

“So there are some persons who, notwithstanding the Act coming to an end, are still not able to access bail.” “What we also note is that with the coming into being of this Act.

there has not been one trial for offences involving persons detained over 120 days. It was really a travesty of justice.” Godson-Philip could not say how many cases received bail yesterday.

“But I know magistrates have been very sympathetic and have been exercising their discretion in granting those persons bail. This is happening throughout the jurisdiction because I was actually in Arima this morning when I saw it being granted.” His colleague.

Samuel Thomas, agreed with his views, saying.

“I’m in total concurrence”.

Sturge disagreed.

Asked if he had noticed anything new in the courts yesterday, he said.

“No, nothing outside of the usual. “We don’t expect the floodgates (of bail applications) to open, and in any event most of these persons would have been denied bail, quite apart from the amendment, is because they are repeat offenders who committed violent offences. Most of them are unlikely to get bail under Section 6 of the Bail Act. If you commit offences while on bail that’s a factor the Judiciary would use in refusing bail.” Sturge said his remarks were based on feedback from junior attorneys from his chamber nationwide. He said he personally had witnessed the situation in the Port-of-Spain Magistrates’ Courts, courts 4A and 4B, that handle drug and gun cases. He said today (Wednesday) represents the deadline to file an application for bail before a judge in chambers, but this is just academic as the lapse of the bill means you can bypass the judge and request it straight to the magistrate.