Barbados Bar Association Calls for New Bail Act, 2024 to Be Referred to Joint Select Committee for Consultation

The Barbados Bar Association is calling for the new Bail Act, 2024, which was debated and passed in the House of Assembly on Tuesday and The Senate today, to be sent before the Joint Select Committee of Parliament.

During a media conference Wednesday at the Bar’s headquarters at the “Beverly Walrond Building”, Perry Gap, Roebuck Street, The City, president Kay Williams said there was a need for consultation on the measure.

“We may have a further position, but we haven’t had the luxury of time or consultation so our current position is, please refer it to the Joint Select Committee to allow for stakeholder comment and consultation,” she said in response to a question from the media.

Earlier, Williams said while they agreed with the need to put measures in place to fight violent crime, the legislation had Constitutional implications and was a repeal of the old legislation.

“Now first of all, we want to make it very clear that it is the position of the Barbados Bar Association that it agrees with government that in respect of firearm, murder and other serious offenses, that measures, urgent measures have to be taken in the interest of justice. It is also our position that every measure must be taken to maintain law and order in Barbados,” Williams said.

“Where our concern comes is that this proposed Bail Act not only introduces Constitutional amendments but is an entire repeal of the existing Bail Act. So if we are going to make amendments to the framework of the Bail Act, we must look at all the other structures that are so important to the criminal justice system and we must do this in a comprehensive manner.

Williams said it was posted to Parliament’s website last Thursday and there were two working days before it was tabled on Tuesday.

“So the approach ought to be comprehensive, the approach ought to be and allow for stakeholder comment. We are in agreement that something has to be done and done urgently.”

The legislation was piloted by Attorney General Dale Marshall who said the changes were necessary because some of those on bail felt emboldened by the ease with which it could be obtained.

“This matter is urgent because the Government recognises we can’t wait until the Court of Appeal delivers its decision, nor can we wait when we have a good idea that this approach is one that will assist us in maintaining law and order in Barbados,” Marshall said.

Convener of the Bar’s Criminal Law Committee Martie Garnes said this could not be “a simple tactic playing to the public or trying to appease the public”. He recognised there was a spate of crime but “this particular piece of legislation has constitutional implications”. He itemised some of the issues with the new legislation.

Attorney Kristin Turton also called for consultation.

“We have to dive more deeply into this and also evaluate the extent to which this can achieve the objective of reducing crime. That should be done, perhaps, by the production of statistics to show that when persons were precluded from getting bail for 24 months before the court declared that to be unconstitutional, that there was a reduction in crime,” she said. (SAT)