Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Design Week
Provision of new Bail Act to balance human rights with safety and security needs — Malahoo Forte
Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte
Latest News
November 16, 2022

Provision of new Bail Act to balance human rights with safety and security needs — Malahoo Forte

KINGSTON, Jamaica — Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte, says the review of provisions in the Bail Bill will focus on balancing human rights with safety and security needs.

Minister Malahoo Forte said that while the high level of criminality, violence, chaos and disorder is not accepted as normal, the Government is not at liberty to disregard the laws and guarantees the Parliament has made for the protection of Jamaican citizens.

“Those protection measures are inherent to our humanity, and that is why when we consider what we have been grappling with and we looked at the constitutional context, we thought it important to address the issue of the need to allow time to investigate matters and the liberty of those who are under suspicion, defined in the Bail Bill as the defendant,” she said.

Malahoo Forte, who tabled the Bill in Parliament, also noted that it will address the matter of people being in custody without charge or trial within a reasonable time.

This, while ensuring that people who commit serious crimes are not able to threaten, intimidate or harm witnesses.

“We don’t want people to languish in custody because a junior-rank police officer may not be as diligent or there may be administrative slip-ups. Everyone who is taken into custody must be properly documented, must get information in prescribed form about decisions taken,” the Minister said.

The Bail Act, which is currently under review by a Joint Select Committee of Parliament, chaired by the Minister, prescribes that the record kept must be given to the defendant or his representative as well as to the prosecution, including the police.

Another major provision under the new Bill is the provision of pre-charge bail, which allows for those persons who have been detained, but do not need to continue to be detained while under investigation, to be granted bail on condition.

“We will limit the rights as least as possible. But where it is found that you are under investigation and you need to be separated from the community, we place that matter before the court and we place the responsibility on the police officer to satisfy the court on a number of things, and those are clearly set out in the law,” Malahoo Forte said.

Areas of consideration by the court include when a suspect is brought in and the issue of bail has to be dealt with.

They include the grounds on which it is alleged there is reason to believe that the defendant committed an offence.

“So, it’s not a matter of unfounded suspicion. The court will also assess the conduct of the defendant and reasons given why a charge has not been made. The stage at which the investigation has reached and the manner in which it has been conducted to make an assessment as to whether there is diligence or purposefulness in dealing with this suspect will also be looked at by the court,” she said.

Other areas of consideration and assessment include whether further time would enable a charge to be preferred.

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Trump, Milei under pressure to explain Bolsonaro flight from Brazil
International News, Latest News
Trump, Milei under pressure to explain Bolsonaro flight from Brazil
October 30, 2026
BRASILIA, Brazil (AFP)—United States (US) President Donald Trump and Argentina's Javier Milei faced mounting pressure Friday to explain the role their...
{"jamaica-observer":"Jamaica Observer"}
Dolphin Cove sale in doubt as majority owner says deal unlikely to close
Business, Latest News
Dolphin Cove sale in doubt as majority owner says deal unlikely to close
October 30, 2026
KINGSTON, Jamaica —The sale of World of Dolphins Inc’s 79.99 per cent stake in Dolphin Cove Limited is in doubt, after the majority shareholder told t...
{"jamaica-observer":"Jamaica Observer"}
Rutty pledges unity, greater service as new Trelawny JP Association president
Latest News, News
Rutty pledges unity, greater service as new Trelawny JP Association president
October 30, 2026
TRELAWNY, Jamaica—Reverend Junior Rutty has been elected president of the Trelawny Justices of the Peace Association, pledging to strengthen member en...
{"jamaica-observer":"Jamaica Observer"}
Market Bag: Food prices cool after rains, but vendor warns of reversal
Latest News, News
Market Bag: Food prices cool after rains, but vendor warns of reversal
October 30, 2026
KINGSTON, Jamaica — Shoppers can expect some relief this week as prices for several agricultural produce items have declined, following recent rainfal...
{"jamaica-observer":"Jamaica Observer"}
Ghanaian teen fatally shot on way to school in Bronx
International News, Latest News
Ghanaian teen fatally shot on way to school in Bronx
October 30, 2026
The West African community in Bronx, New York, has been plunged into mourning after a teenage boy from Ghana was fatally shot Thursday morning while o...
{"jamaica-observer":"Jamaica Observer"}
Supreme Court sanctions Scotia Group Jamaica scheme of arrangement
Business, Latest News
Supreme Court sanctions Scotia Group Jamaica scheme of arrangement
October 30, 2026
KINGSTON, Jamaica—Scotia Group Jamaica Limited (SGJ) has become a wholly owned subsidiary of The Bank of Nova Scotia (Scotiabank) following the Suprem...
{"jamaica-observer":"Jamaica Observer"}
Holness urges shift from short-term demands to long-term policies
Latest News, News, Videos
Holness urges shift from short-term demands to long-term policies
October 30, 2026
KINGSTON, Jamaica—Prime Minister Andrew Holness on Friday called for a shift in Jamaicans' outlook from short-term responses from the government to su...
{"jamaica-observer":"Jamaica Observer"}
CAFFE warns three municipal corporations over delayed by-elections
Latest News, News
CAFFE warns three municipal corporations over delayed by-elections
October 30, 2026
KINGSTON, Jamaica —The Citizens’ Action for Free and Fair Elections (CAFFE) has written to chairmen of three municipal corporations reminding them tha...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct