The Tribune

By LEANDRA ROLLE

Tribune Staff Reporter

lrrolle@tribunemedia.net

ATTORNEY General Ryan Pinder said the Court of Appeal has established the framework for denying bail to some people accused of serious crimes, and he hopes the lower courts begin to follow suit. 

He said judges should consider the need to protect the public’s safety and the person accused.

He noted that while the automatic refusal of bail is considered “unconstitutional”, there are circumstances in which bail can be refused.

“We have recently seen a trend of cases in our Court of Appeal that are instructive on circumstances where bail should be denied, and I encourage our lower courts to review the chain of cases and their reasoning and consider them in all matters involving violent crimes and repeated offenders where appropriate,” he said during debate on the Magistrate’s (Amendment) Bill in the Senate on Friday. 

 “These cases have focused on denying bail in two specific instances that are provided in our law and constitution that I discussed prior. These two instances of focus by the Court of Appeal are the need to protect the safety of the public order and whether the defendant should be kept in custody for his own protection.”

 Senator Pinder highlighted several recent Court of Appeal judgements that affirmed the denial of bail, including cases where an accused’s life was in danger, an alleged offender was connected to organised gang activity, and a repeat offender posed a risk to society. 

 “This demonstrates that our law does allow, as it’s written now, for denial of bail in certain circumstances, and these cases frame the circumstances which are appropriate for such denial,” he added. “These circumstances are areas where we see public criticism in granting bail by our courts –– in instances of repeat violent offenders, instances of gang activity, and instances of perceived retaliatory killings.” 

 “The Court of Appeal has ruled. They have laid out the framework in a series of well-reasoned cases. The Lord knows if a commercial attorney like myself could follow them, you know the Court of Appeal is doing a good job laying out the circumstances in which you should deny bail to an accused and again, they focus on two important areas –– protect the accused and to protect society, the public.”

 “I encourage our lower courts to study these and other cases and make the appropriate decisions in the denial of bail in appropriate circumstances. I think it important to make the point that the grant of bail is not a determination of innocence or guilt. It is simply an indication that parameters have been and are in place to assure an accused person’s attendance at trial.”

 “It should not be for the public to use this as an indication of guilt.” 

 Police Commissioner Clayton Fernander has repeatedly pleaded with the court system to produce different outcomes related to bail.

 On Friday, Mr Pinder warned against vigilante justice.

 “Our people, by and large, should avoid the desire to retaliate against those that might have done them wrong,” he said.