Bail
| Author | Nadine C. Atkinson-Flowers |
| Profession | Attorney-at-Law |
| Pages | 128-150 |
Summary
Bail is governed by the Bail Act, the Jamaica Constabulary Force Act, and the Justices of the Peace Jurisdiction
Peace as well as the Judge of the Parish Court in committal proceedings.
appearance. If a defendant is represented, his or her counsel makes the bail application. Huey Gowdie v R
for bail. The unrepresented accused sometimes makes his or her own application. Dependent on the
circumstances of the case, the Judge of the Parish Court might offer the accused bail even if no application
has been made.1 The Bail Regulations offer extensive guidance on the manner in which bail applications
should be processed in the court.
There is little uniformity in the administrative processing of bail offers across the Parish Court system. This
across the system.
Terms ____________________________________
Offers of Bail
Recording Offers of Bail
Refusal of Bail and the Right of Appeal
Administrative Bail Procedures
Escheating Bonds
Warrants of Distingas and Capias
Bail Process Books
Bail Variations
Bail after Conviction
_____________________________________________
stand as surety.
Bail
Chapter 14
Bail
129
Section 4 of the Bail Act
circumstances that may prevent an accused from being admitted to bail when charged with an imprisonable
offence.
•Further Investigations Needed
if the instant offence was committed while on bail for another offences, the Clerk of the Courts may
advance these against the accused being admitted to bail.2
The Clerk of the Courts must have credible information in support from the relevant police personnel in
the matter to enable the Parish Court Judge to make an informed ruling on the bail application.
•Identication Parade Pending
reasons. In this case, the accused would not appear before the Court until the parade has been held.
The intention to hold the parade as well as the date the parade is to take place should be clearly
•Considerations by the Judge of the Parish Court
and takes into consideration several factors including the nature and seriousness of the offence and
the strength of the evidence against the accused as having committed the offence.
Hurnam v State of Mauritius4 is a good example of this circumstance.
•Examination of the Accused Himself by the Court
To determine if bail is to be granted, the Judge of the Parish Court must also examine
character, antecedents, associations, and community ties. Thus, the presence of exemplary behaviour
punishable with imprisonment, bail may be denied to that defendant in some prescribed circumstances:
the defendant, if released on bail would:
Where the defendant is in custody in pursuance of the sentence of a Court or any authority acting under the Defence
Where the defendant, having been released on bail in or in connection with the proceedings for the offence, is arrested
Where
repor t and it appears to the Court that it would be
charged with an imprisonable offence.
Hurnam v State of Mauritius Privy Council
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