Bail Act 2000 - Granting Bail

WHO CAN GRANT BAIL
SECTION 3(1) of the Act lists the persons who are capable of granting bail and these persons are:

• A Court i.e. Judge or Resident Magistrate
• A Justice of the Peace
• Police Officer

SECTION 3(2) of the Act stipulates that no person shall be held in custody for longer than twenty-four hours without the question of bail being considered. It is clear from this section that although bail may be considered there is no guarantee bail will be granted. The Judge, Justice of the Peace or Police Officer has a discretion to grant or refuse bail.
BAIL SHOULD BE GRANTED WHERE:1. Defendant is not charged with an offence punishable by imprisonment.
2. Note that there are exceptions – eg. Defendant is a juvenile or safety of the defendant is threatened

WHEN MAY BAIL BE DENIED?It is important to note the language of section 4(1) as it says bail “may be” not “shall be” denied. The authorities have a discretion to exercise. And this is understandable because circumstances in cases vary.
1. Offence charged is punishable with imprisonment.
2. It is believed the defendant will fail to surrender.
3. Defendant might commit an offence while on bail.
4. Defendant might interfere with witnesses.
5. Defendant might obstruct the course of justice in relation to himself or someone else.
6. Defendant is serving a sentence.
7. Defendant is in custody pursuant to the Defence Act.
8. Court is not privy to sufficient information to make a decision as to bail.
9. Defendant has absconded before.
10. Defendant is charged with an offence committed while released on bail.
11. Case is adjourned for inquiries or a report is to be made which would be impracticable to complete without Defendant being kept in custody.
12. Court is satisfied defendant should be kept in custody for his own protection
13. Where defendant is a child or young person, for his welfare

FACTORS FOR CONSIDERATION WHEN GRANTING OR REFUSING BAIL
In deciding whether or not to grant or refuse bail the Justice of the Peace, police officer or court shall take into consideration:
1. Nature and seriousness of the offence
2. Defendant’s character
3. Defendant’s antecedents
4. Defendant’s association
5. Defendant’s community ties
6. Defendant has previously been offered bail and fulfilled his obligation
7. Strength of the evidence that the defendant has committed an offence while on bail
8. Strength of the evidence that the Defendant has failed to surrender to custody
9. Whether defendant has been convicted on three previous occasions for offences punishable with imprisonment
10. Any other factors including the defendant’s health

FACTORS TO CONSIDER REGARDING THE SUITABILITY OF SURETIES – Section 17(1)
1. Profession
2. Occupation
3. Trade
4. Business
5. Character
6. Previous Convictions if any
7. Relationship to Accused
8. Place of residence (proximity) in relation to the Accused
REFUSAL OF SURETYA Surety shall not be refused unless:
1. Surety is exempt
2. Surety is otherwise unsuitable

WHO CAN RECOMMEND SURETY – Section 17(3)
1. Justices of the Peace
2. Member of the Jamaica Constabulary Force (Sergeant and up)
3. Minister of Religion
4. Principal of an educational institution (except pre-primary school)

EXEMPTED PERSONS - Regulation 7
1. Resident Magistrates, Judges, Justices of the Peace, Police Officer – who has considered any issue relating to bail in respect of the accused.
2. Attorney-at-Law – on the record for the accused in relation to the offence charged.
3. A co-accused
4. One charged with aiding and abetting the said accused in respect of the offence charged.
5. A person who has a criminal charge pending against him before any court.
6. A person who is NOT a Jamaican resident.
7. Person who is immune from legal process in Jamaica.