The much anticipated Bail Act 2022 is now before the House of Representatives.
Minister of Legal and Constitutional Affairs Marlene Malahoo Forte tabled the 48-page bill in Parliament on Wednesday afternoon.
It will be reviewed by a Joint Select Committee, prior to being debated in the House.
Perhaps the most contentious clause of the new Bail Act is clause 7, which relates to the circumstances in which bail may be denied.
Minister Malahoo Forte explained that a special provision, clause (7) (2), dictates that some persons charged with murder could be denied bail, if the issue of self defence does not arise, where the murder is committed in circumstances amounting to capital murder, where the offence is committed in a Zone of Secial Operations, an area under state of emergency or where a cordon has been established or a curfew imposed.
However, a deciding official - the court, judge, justice of the peace, or constable - would assess the strength of the evidence to determine if the defendant is likely to be convicted.
If the deciding official is satisfied that the conviction of the defendant is likely, these circumstances may be treated as sufficient grounds for keeping the defendant in custody.
Under clause (7) (3) i, j and k, specific details may guide the courts decision in granting bail.
These includes if the defendant is in the same household or community as the victim, whether there is a sense of peace or security among the household or community, if a firearm was used and the defendant's mental state.
Minister Malahoo Forte, in giving an overview of the provisions of the proposed legislation, said the government needed to strike a balance between freedom and dignity of the individual and national security.
While outlining that the question of bail must be considered once an arrest is made, she noted that the "informa fi dead culture" and documented cases of witness intimidation have necessitated innovative responses, legislative and otherwise, in order to allow cases to proceed from the stage of intelligence to evidence.
The new Bail Act will permit bail at three stages: pre-charge, post-charge and post-conviction in defined cases.
But Member of Parliament for St. Catherine Southern, Fitz Jackson, warned that as important as the new legislation is, the government should ensure it will not be struck down by the constitutional court.
Mr. Jackson said he is looking forward for full examination of the bill by the Joint Select Committee.
The new Bail Act will repeal and replace the existing legislation.
