America

Complex Bail Matters – The Nassau Guardian

Every police commissioner I can think of in recent memory is deeply dissatisfied with arresting suspects in connection with assault charges only to be released on bail and (presumably) involved in more serious crimes. manifesting.

Police understandably feel one step forward and three steps back, especially in fighting crime in New Providence.

Murders have become so common on the island that much of the general public no longer pays little attention to reports of murders. Exceptions are the murders of children and women, or “extraordinary” murders, such as those of seemingly bright college graduates. the future ahead of him.

There are 97 murders in Japan every year. As of Tuesday, the number of homicides was up 17% from last year.

The latest occurred yesterday morning on Hamster Street and Faith Avenue. The previous morning, police called a murder on Boyd Road.

Of course, there are other serious crimes that concern police and the general public.

By Tuesday, police reported 433 armed robberies for the year. There were 302 in the same period last year.

The police say that a spate of criminals is wreaking havoc on our city.

Police Commissioner Clayton Fernander said on Tuesday that the out-of-bail suspect continues to face challenges.

“We seek them out and put them where they are,” said Fernander.

“… what you are talking about is that it dragged on for two, three years, and during those two or three years the same person committed another crime. or there is a problem.”

It was a familiar lament.

While he was Commissioner, Ellison Greenslade often said that the “revolving door of bail” contributed significantly to the high levels of violent crime in the country.

In 2015 he said: Keep killing people, keep guns, keep traveling with drugs. ”

The public, too, has long been unhappy that “criminals” have been released on bail.

Successive administrations have attempted to address the problem through various means, including amendments to bail laws.

Prior to the 2011 legislative change, then-Prime Minister Hubert Ingraham said: It frustrates the police and mocks the criminal justice system and the way we live. ”

The issue is far from simple, and many other jurisdictions continue to grapple with it.

In the Bahamas, the presumption of innocence is constitutionally guaranteed.

Article 20(2) of the Constitution guarantees that every person charged with a criminal offense is “presumed innocent until proven guilty or confessed”.

Furthermore, a person “is entitled to a trial by jury if prosecuted for information before the Supreme Court”.

The Constitution also allows a judge to hold a person without bail, but Article 19 states that if a person cannot be brought to trial, the person may be held “within a reasonable period of time… unconditionally or on reasonable terms.” It protects the rights of those who are presumed innocent by stating that they shall be released on …necessary to ensure that he appears in court at a later date…”

Substantial amendments to the Bail Act in 2011 not only outlined what judges should consider when granting or denying bail, but also extended the three-year period from the date of arrest or detention until trial. stipulated to be considered a reasonable period of time for .

Faster trials, more trained police investigators, and a better-resourced public prosecutor’s office are all important factors in the process.

Some murders are now set for 2025 due to issues of judicial resources and other considerations.

Arguing that the suspect should be denied bail outright is an oversimplification of a very complex issue.

The law is clear. Bail should not be denied as a punishment for an unconvicted crime.

The issue of bail is multifaceted, requiring all elements of the prosecution and judicial system to function more efficiently, and the public to serve as jurors, report crimes to authorities, and testify as witnesses. We also need the cooperation of the public. Add layers to an already complex problem.

Declining crime also helps the justice system catch up, but the vicious circle will only continue if suspects on bail actually commit more crimes.

When it comes to bail and what to do about it, there are no easy answers.

https://thenassauguardian.com/the-complex-bail-issue/ Complex Bail Matters – The Nassau Guardian

Back to top button