AG: Bail law targets murder ‘cancer’ on society

The Mottley administration has introduced new bail legislation to Parliament, aiming to make it harder for those accused of serious crimes to obtain bail. The move comes three years after a previous amendment was struck down by the courts.

Attorney General Dale Marshall presented the Bail Bill to the House of Assembly on Tuesday, describing it as an “urgent” measure “in the interest of justice”. The Bill targets what Marshall called “the cancer of our society”: murders and firearm offences.

With 26 homicides recorded this year, the administration is touting the Bill as a response to widespread fear among citizens. Under the proposed law, individuals charged with murder or firearm offences must provide evidence of “exceptional circumstances” to be granted bail.

“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 told lawmakers.

The Bill, modelled on South African law, shifts the burden onto the accused to convince the court that bail should be granted. This contrasts with a 2019 amendment that automatically remanded murder and gun crime suspects for up to 24 months, which was deemed unconstitutional by the High Court in 2021.

Marshall acknowledged the possibility of another legal challenge but remained defiant. “This attorney general is not afraid of a constitutional challenge,” he said, citing previous victories in COVID-19 and election-related cases.

He emphasised the need for concrete evidence in bail applications. “You must produce evidence. You can’t just come to court and say that my client has a job, my client is the father of four children, hardworking . . .Coming to court and making those bald statements will become a thing of the past,” he explained.

Opposition senators had previously complained about insufficient time to study the Bill, but Marshall was unapologetic. “In a society where there is unrest, time runs against all of us. I make no apology for coming into this chamber and asking that we do this Bill in all its stages. We are at a critical juncture,” he declared.

The government argues that the new provisions balance individual rights with societal needs. “What we are doing is acting in the best interest of a society because it is standard constitution theory that rights given to you in the Constitution have to give way to the interest or the greater good of the society. That is the balancing act that had to happen,” Marshall said. (SP)