THE Bail Act 2023, which will reform the country’s bail framework in the criminal justice system, was passed in the House of Representatives on Tuesday.

The legislation, which will repeal and replace the existing Act of 2000, was approved with 20 amendments.

It was reviewed by a joint select committee of the Houses of Parliament. The new Bail law will permit a grant of bail at three stages — pre-charge, post-charge, and post-conviction in defined cases.

Closing the debate on the Bill, Minister of Legal and Constitutional Affairs Marlene Malahoo Forte said it represents an overhaul of the law on bail following a thorough review.

“It reflects consideration of internationally accepted best practices as well as taking into account local realities which we cannot escape. This Bill seeks to address the grant of bail in a holistic way, encompassing and clarifying the grant of bail at three stages — before charge, after charge, and after conviction,” she said.

She noted too that it cogently sets out the scheme for bail to avoid doubt and unintended consequences.

The minister said the right to bail rests on the fundamental principles that every person is entitled to his liberty.

“The right to liberty, however, is not absolutely guaranteed under the Constitution of Jamaica. It also rests on the other principle that every person is presumed to be innocent until he has been proved or has pleaded guilty when charged with a criminal offence,” she said.

“This does not mean that the person suspected or formally accused of an offence did not commit the offence. It means that the person cannot be convicted before going through a formal process,” she added.

Leader of the Opposition Mark Golding said the joint select committee process was vital “to take us where we are now with this piece of legislation”.

“The new Bill that was tabled last week. replacing the one that was originally tabled, incorporates the deliberations of that committee to the extent that the committee members generally were willing to sign the report…indicating broad agreement with the Bill in the form that it now takes,” he said.