NASSAU, Bahamas – Bahamas Prime Minister Phillip Davis Wednesday made an impassioned plea for Parliament to approve the amendment to the Bail Amendment Act, telling legislators “we are here today because enough is enough.
Prime Minister Phillip Davis speaking in support of amending the Bail bill in Parliament“How many times have we heard news of a terrible crime, and mere seconds later, learned that the chief suspect is already charged with a previous crime, and was free to commit this new act of violence because he is out on bail?
“How many times? Far too many. Far too many times is the only answer to that question.
We all know that under our nation’s Constitution, every citizen in our country is innocent until proven guilty,” Phillips said.
He said that too many crimes are committed by individuals who are out on bail despite the fact that “we have strong and persuasive evidence that they do not respect our laws, our judicial process, or the judge who imposed the conditions of their bail.
He said the evidence is that they have violated one or several conditions under which their bail was granted, adding it is these circumstances the Parliament is here to address.
“Judges have discretion over the grant or denial of bail, it is true. But today we are here to require that in cases where the accused has violated one or more of the conditions under which their bail was granted, the revocation of that bail is the automatic and immediate penalty.
“You break the rules, you go to jail. No more fines for violations. No more freedom to commit new crimes,” Prime Minister Davis said, adding “when people show us they cannot follow the rules, it is more than reasonable to infer they pose too great a risk to public safety to be free as they await trial”.
He said their disregard for the judge and for the court means they are too likely to reoffend, or to commit new crimes.
“In those cases where there are sufficient mitigating factors, such that the judge determines no such risks exist, and I consider that such cases will be few and far between, the judge still maintains discretion to grant a new application for bail, after due process.”
Prime Minister Davis said he was supportive of the amendment to the Bail (Amendment) Bill, 2024, in order to insist that the Bahamian people have the right to be safe in their homes and in their neighborhoods, and to require that those who violate the conditions placed upon them in the name of justice are held accountable.
He said the main objectives of the Bill are straightforward with the government inserting a new section, which requires those being placed on bail to adhere to certain conditions upon which bail may be granted, and provide for the revocation of bail when those conditions are breached.
“When your bail is contingent upon certain conditions and you breach those conditions, then the bail itself is subject to being revoked. All persons placed on bail will be entered into what’s called a recognisance of bail, which will, in addition to capturing their personal information, clearly lay out the conditions placed on the person being granted bail, so that they are fully aware of what those conditions are.”
Davis said that these conditions represent a standard of conduct that should be expected of anyone placed on bail, including showing up to court at the appointed time and not leaving proceedings without permission as well as not interfering with witnesses.
In addition, the conditions include not committing any offences while placed on bail, reporting to a police station at a specified time, wearing a monitoring device, surrendering passports and other traveling documents and keeping the peace and being of good behaviour.
He said there would be other conditions prescribed by the Chief Justice, adding “these conditions reflect common sense, and are clearly within the interest of the public good.
“Anyone who breaches these conditions should be held accountable,” Davis said, noting that one of the core principles of the effective administration of justice is that penalties must be sure and swift if they are to be an effective deterrent.
“So, if anyone thinks they are going to just duck out of coming to court; commit additional offences; tamper with the monitoring devices placed upon them; or breach the conditions imposed on them in any way, then I have news for them,” he said, insisting “it’s a new day for justice and accountability in The Bahamas”.
Prime Minister Davis told legislators that the Bill also amends section 12 of the principal Act with new standards, ensuring that in the interest of swift justice, anyone arrested while on bail will be brought before a magistrate within 48 hours of their arrest or even sooner, if possible.
“The amendments …establish the fact that the breaching of conditions of bail is to be regarded as an offence and that offence should be punishable, upon conviction, Madam Speaker, and let me repeat that so it’s clear for everyone, the offence will be punishable, not when accused, but upon conviction, to a term of imprisonment not exceeding five years.”
He said in establishing the new breaches as offences, the government is also removing the option of paying fines.
“Those who blatantly breach the conditions of their release will no longer have the option of paying a fine and going about their business. In the interest of public safety, breaching the conditions placed on the granting of bail will be regarded as an offence.
“Let’s be clear. We still fully respect the presumption of innocence for the accused, as well as the discretion of judges in the granting of bail. We believe these changes to the law balance our respect for the discretion of the Judiciary with the urgent need to address the violence in our communities.
“The fact is, many of the people who kill or who are killed while on bail are often violating the terms of their bail prior to these violent incidents. We have individuals accused of murder who are supposed to have restrictions placed on their movement, traveling to and fro as they please. “
Davis said such blatant disregard for the conditions placed on them by the courts, as well as their disregard for public safety, should be met with a strong response.
“No more slaps on the wrist,” he told legislators., warning “violence is robbing our young men and our country of too much potential.
“I fully support the Bail (Amendment) Bill, 2024, as a critical step in the fight to make our communities and our nation safer.”
