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

Funeral for Ras Ajai set for September 26
Latest News, Sports
Funeral for Ras Ajai set for September 26
September 6, 2026
The funeral service for singjay/actor Ras Ajai is scheduled for September 26 at Boulevard Baptist Church in St Andrew, his management has announced. R...
{"jamaica-observer":"Jamaica Observer"}
Spanish Town Hospital rejects negligence claim over crash victim’s 10-month surgery wait
Latest News, News
Spanish Town Hospital rejects negligence claim over crash victim’s 10-month surgery wait
September 6, 2026
The Spanish Town Hospital has rejected claims that it has been negligent in the care of a motor vehicle crash victim who has spent over 10 months awai...
{"jamaica-observer":"Jamaica Observer"}
Bittersweet farewell for outgoing Manchester commander
Latest News, News
Bittersweet farewell for outgoing Manchester commander
September 6, 2026
MANCHESTER, Jamaica—Even as senior officers in Manchester on Saturday gathered to pay tribute to the leadership of outgoing commander Superintendent C...
{"jamaica-observer":"Jamaica Observer"}
UPDATE: Five dead in cargo plane crash at Miami airport
Latest News, News
UPDATE: Five dead in cargo plane crash at Miami airport
September 6, 2026
MIAMI, United States (AFP)—At least five people were killed and five more injured when an Amazon cargo plane overshot the runway at Miami Internationa...
{"jamaica-observer":"Jamaica Observer"}
Ocho Rios stakeholders unite for major cleanup and beautification exercise
Latest News, News
Ocho Rios stakeholders unite for major cleanup and beautification exercise
September 6, 2026
ST ANN, Jamaica—Government agencies, private-sector organisations, community groups and residents came together Sunday for a major cleanup and beautif...
{"jamaica-observer":"Jamaica Observer"}
Grange to file slavery reparations petition during UK visit
Latest News, News
Grange to file slavery reparations petition during UK visit
September 6, 2026
LONDON, United Kingdom (AFP)—A Jamaican government delegation visiting Britain is set to file a petition addressed to King Charles III on Monday, rais...
{"jamaica-observer":"Jamaica Observer"}
St Mary man charged with murder of 64-y-o labourer
Latest News, News
St Mary man charged with murder of 64-y-o labourer
September 6, 2026
ST MARY, Jamaica—A St Mary man has been slapped with several charges in connection with the murder of 64-year-old Clifton Campbell, a labourer of Donn...
{"jamaica-observer":"Jamaica Observer"}
WATCH: Man injured in shootout with police in Mandeville, firearms seized
Latest News, News, Videos
WATCH: Man injured in shootout with police in Mandeville, firearms seized
September 6, 2026
MANCHESTER, Jamaica — Police have confirmed that a large cache of firearms was seized following a reported shootout with an armed suspect near the New...
{"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