Judges to review cases of detainees in lock-up every two weeks
CHAIR of the joint select committee of Parliament now reviewing the proposed Bail Act, 2022, Marlene Malahoo Forte says provisions of the Bill will ensure that no one held in custody is again lost in the system as has been the case in previous situations, where persons have languished in jail without charge for many years.
Citing Clause 11 of the Bill, which speaks to the review of bail decisions, she said: “We are imposing a mandatory duty on the judge to ensure that everyone who is in lock-up is reviewed fortnightly.
“[This] provision [is] to ensure that in so far as the legislators’ duty go, no one should be lost in custody again; anyone who is granted bail out of court, on your first occasion in court, the court is empowered to review it, to make sure that the decision was properly laid and the right balance was struck. But not only that, you are empowered to apply to have the matter reviewed,” she said during the committee’s meeting on Thursday.
Malahoo Forte, who is also minister of legal and constitutional affairs, was responding to a concern raised by Opposition committee member Fitz Jackson, who referred to the case of a man who was “lost in the system” and spent more than 40 years in prison.
“All of us got up in Parliament and mourned the fact that this gentleman was subjected to what he was subjected to. That is his reality and that’s not an isolated case when the system fails and people suffer as a result of that failure.This is real life for many people out there…The problem is, too many of us are far removed from those realities of everyday Jamaicans,” Jackson said.
He said he was particularly concerned about the provisions relating to the recording and giving information on decisions concerning bail, where the deciding official fails to present the documents which result in the defendant being in lock-up for extended periods.
He further queried, as did Government member Senator Natalie Campbell Rodriques, whether the consequences of this failure could be dealt with in the law, especially in the matter of a client who is not being represented by an attorney-at-law and is unaware this is grounds for appeal.
“When it comes to people’s freedom, it’s something that I [treat] delicately…I am very concerned about innocent persons who are subject to the indignity of incarceration unduly, and when things can be done to… significantly minimise it, it is incumbent on us to do all that we can, and if it means that we are repetitive in this law, so be it. If we can fix it now, which is what Senator Rodriques is speaking to, I would like us to put it in the law,” he said.
Malahoo Forte said having herself dealt with cases where persons have been lost in the system, she shares the concern, but the main issue is where to provide more appropriately in the law, the consequences of officials’ failure to produce required documents.
“It is not that you care any more than we do, because it is a real concern, but one piece of legislation cannot [be used to] address all the problems. But we will take note where we provide for any failure amounting to disciplinary action to be dealt with by the appropriate authority,” she said.
She noted that one of the biggest cries of injustice is the long time litigants are waiting for records – records of appeal, records of trial, etcetera, noting that there is systemic injustice as well. “Separate and apart from the people to people actions and omissions, how the system deals with the person who is brought in can be deep points of concern,” she said.
“In this Bill, we are prescribing forms, setting out in detail what is to be included in every decision taken. We are providing the documents in the law. These provisions are providing solutions. Let us not find problems in the solutions,” she urged.
She further pointed out that the provisions of the Bill seek to clarify and address systemic injustice issues where decisions are taken and people are waiting for the decision, “because these matters have far-reaching implications”.
“Because of the overall scheme of the law, it is very clear the grounds on which a denial may be done, on which a grant may be done, on which conditions may be imposed on which variations may be done and just to minimise the delay between the decision-making and the preparation of the record, we have prescribed the forms so that they can be filled in fully and comprehensively and the reasons are given in writing to affected persons,” she said.
In the meantime, Malahoo Forte noted that Thursday’s meeting was the final one to be held this year. She noted that between now and January, the matrix setting out the comments and suggestions by presenters will be prepared, adding that time will be required for the technical team to respond and members will also need time to consider the document.
The committee’s next meeting is scheduled for Wednesday, January 11, followed by January 18 and 19, and if required, January 26.
Malahoo Forte said she is hoping to have the report of the committee ready for tabling in Parliament on February 1. It is then expected that the Bill will be debated in the House on February 8 and or 9 with a view to passing the legislation.