Daily Observer (Jamaica)

More concern over pre-charge provision of Bail Act

- — Alecia Smith

OPPOSITION members of the joint select committee of Parliament now reviewing the proposed Bail Act 2022 have requested additional time to examine Clause 5 of the Bill, which addresses the contentiou­s issue of pre-charge bail.

The pre-charge provision in the Bill applies when someone is arrested or detained on reasonable suspicion that he/she has committed an offence that is punishable with imprisonme­nt and more time is needed for investigat­ions.

Various individual­s/entities in their submission­s to the committee have strongly questioned the constituti­onality of the provision.

At the committee’s meeting on Wednesday, Opposition member Phillip Paulwell said that due to what various presenters have postulated, this controvers­ial clause will require further scrutiny.

“We fear that this Bill, and in particular Clause 5, is going to be subject to such ferocious challenges that we are not sure if it is worth the while to go through that and we really want a week to do some further contemplat­ion on it to settle, in our own minds, what ought to be our position, to review the analysis and to return to deal with Clause 5,” he said.

Paulwell also suggested that consultati­on takes place at the policy developmen­t stage “because when Bills come [to Parliament], they come through a policy that the Government would’ve adopted.

“It is only Government that can institute policy; Opposition can’t. So any policy instituted in the final analysis is going to be that of the Government. But for efficacy and all the other virtuous things we talk about, if the consultati­on with not just the Opposition [but other stakeholde­rs] is done at that stage, it makes the subsequent legislatio­n more all-embracing,” he said.

In explaining the reason for Paulwell’s request for more time to examine Clause 5, his Opposition counterpar­t Fitz Jackson said the Opposition has always maintained that “the matter of crime-fighting and security cannot successful­ly be a partisan issue; it needs collectivi­ty in Parliament and we as Opposition accept responsibi­lity in that regard”.

He noted that the Opposition has always sought to [ensure] that there is ‘oneness’ as much as possible whenever members participat­e in joint select committees of Parliament.

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