Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697649677708.pdf (Bahamas)
BAIL (AMENDMENT) BILL, 2011 Arrangement of Sections Section 1.

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Short title..............................................................................................................2 Amendment of section 3 of the principal Act.......................................................2 Amendment of section 4 of the principal Act.......................................................2 Amendment to First Schedule of the principal Act...............................................3 BAIL (AMENDMENT) BILL, 2011 c BAIL (AMENDMENT) BILL, 2011 A BILL FOR AN ACT TO AMEND THE BAIL ACT Enacted by the Parliament of The Bahamas 1.
Short title.

This Act, which amends the Bail Act (Ch.

103), may be cited as the Bail (Amendment) Act, 2011.

2.

Amendment of section 3 of the principal Act.

Subsection (1) of section 3 of the principal Act is amended by the deletion of the words “except as provided in” and the substitution therefore of the words “the requirements of”.

3.

Amendment of section 4 of the principal Act.
Subsections (2) and (3) of section 4 of the Bail Act1 are repealed and replaced as follows — “(2) Notwithstanding any other provision of this Act or any other law, any person charged with an offence mentioned in Part C of the First Schedule, shall not be granted bail unless the Supreme Court or the Court of Appeal is satisfied that the person charged — (a) (b) (c) has not been tried within a reasonable time; is unlikely to be tried within a reasonable time; or should be granted bail having regard to all the relevant factors including those specified in Part A of the First Schedule and subsection (2B), 1Ch.
103.

Page - 2 BAIL (AMENDMENT) BILL, 2011 and where the court makes an order for the release, on bail, of that person it shall include in the record a written statement giving the reasons for the order of the release on bail.
(2A) For the purpose of subsection (2)(a) and (b) — (a) (b) without limiting the extent of a reasonable time, a period of three years from the date of the arrest or detention of the person charged shall be deemed to be a reasonable time; delay which is occasioned by the act or conduct of the accused is to be excluded from any calculation of what is considered a reasonable time.
(2B) For the purpose of subsection (2)(c), in deciding whether or not to grant bail to a person charged with an offence mentioned in Part C of the First Schedule, the character or antecedents of the person charged, the need to protect the safety of the public or public order and, where appropriate, the need to protect the safety of the victim or victims of the alleged offence, are to be primary considerations.
(3) Notwithstanding any other enactment, an application for bail by a person who has been convicted and sentenced to a term of imprisonment in respect of any offence mentioned in Part D of the First Schedule shall lie to the Supreme Court or the Court of Appeal.

(3A) Notwithstanding section 3 or any other law, the Magistrates Court shall not have jurisdiction for the grant of bail in respect of any person charged with an offence mentioned in Part C or Part D of the First Schedule.”.

4.
4.

Amendment to First Schedule of the principal Act.
The First Schedule to the principal Act is amended — (a) by the repeal of Part A and the substitution of the following — “PART A In considering whether to grant bail to a defendant, the court shall have regard to the following factors — (a) whether there are substantial grounds for believing that the defendant, if released on bail, would — (i) (ii) fail to surrender to custody or appear at his trial; commit an offence while on bail; or Page - 3 BAIL (AMENDMENT) BILL, 2011 (iii) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person; (b) whether the defendant should be kept in custody for his own protection or, where he is a child or young person, for his own welfare; (c) whether he is in custody in pursuance of the sentence of a Court or any authority acting under the Defence Act; (d) whether there is sufficient information for the purpose of taking the decisions required by this Part or otherwise by this Act; (e) whether having been released on bail in or in connection with the proceedings for the offence, he is arrested pursuant to section 12; (f) whether having been released on bail previously, he is charged subsequently either with an offence similar to that in respect of which he was so released or with an offence which is punishable by a term of imprisonment exceeding one year; the nature and seriousness of the offence and the nature and strength of the evidence against the defendant.”; (g) in Part B, by the deletion of the following words — “Attempted Murder – section 292, Ch.
84; Possession of Firearm designed to discharge explosive matter – section 30(1)(a), Ch.

213; Possession of Automatic Weapons – section (30)(1)(b), Ch.

213; Possession of Firearm or Ammunition with intent to endanger life or cause serious injury to property – section 33, Ch.

213; Possession of Firearm with intent to commit an indictable offence – section 34(1), Ch.

213; Possession of Dangerous Drugs with intent to supply – section 22, Ch.
228; Any offence under any of the following sections of the Sexual Offences Act, Ch.

99: 6 (rape), 10 (sexual intercourse with a person under fourteen years), 12 (sexual intercourse with a person suffering from a mental disorder), 13 (incest) and 14 (sexual intercourse with a dependant).”; and in Part C, by the insertion in the appropriate place of the following words — (b) (c) Page - 4 BAIL (AMENDMENT) BILL, 2011 “Attempted Murder – section 292, Ch.
84; Possession of Firearm designed to discharge explosive matter – section 30(1)(a), Ch.

213; Possession of Automatic Weapons – section (30)(1)(b), Ch.

213; Possession of Firearm or Ammunition with intent to endanger life or cause serious injury to property – section 33, Ch.

213; Possession of Firearm with intent to commit an indictable offence – section 34(1), Ch.

213; Possession of Dangerous Drugs with intent to supply – section 22, Ch.
228; Any offence under any of the following sections of the Sexual Offences Act, Ch.

99: 6 (rape), 10 (sexual intercourse with a person under fourteen years), 12 (sexual intercourse with a person suffering from a mental disorder), 13 (incest) and 14 (sexual intercourse with a dependant);”; (d) in Part D, by the deletion of the following words — “Possession of Firearm or Ammunition with intent to endanger life or cause serious injury to property – section 33, Ch.
213; Possession of Firearm with intent to commit an indictable offence – section 34(1), Ch.

213; Possession of Dangerous Drugs with intent to supply – section 22, Ch.

228;”.

OBJECTS AND REASONS This Bill seeks to repeal and replace subsections (2) and (3) of section 4 of the Bail Act.

Subsection 4(2) of the exisitng law denies a right to bail where a person is charged with an offence mentioned in Part C of the First Schedule (offences relating to kidnapping, murder, robbery and treason).
Further, it provides that where a person has been convicted and sentenced to a term of imprisonment in respect of the offences mentioned in Part D of the First Schedule (offences relating to possession of dangerous drugs and possession of firearms and those offences triable either way), bail is to be denied, unless there are exceptional circumstances for granting bail.
The new provision will provide that any person charged with an offence Page - 5 BAIL (AMENDMENT) BILL, 2011 mentioned in Part C of the First Schedule, shall not be granted bail unless the Supreme Court or the Court of Appeal is satisfied that the person charged has not been tried within a reasonable time; is unlikely to be tried within a reasonable time or where, having regard to all the relevant factors including those specified in Part A of the First Schedule and subsection (2B), the court is satisfied that the person charged should be granted bail.
Where the court makes an order for release, on bail, it must include in the record a written statement giving the reasons for the order.

The relevant factual circumstances obtaining in The Bahamas are such that it is provided for in subsection (2A) that a period of three years from the date of the arrest or detention of the person charged shall be deemed to be a reasonable time and delay occasioned by the act or conduct of the accused is to be excluded from any calculation.
By subsectin (2B), in deciding whether or not to grant bail to a person charged with an offence mentioned in Part C of the First Schedule, the character or antecedents of the person charged, the need to protect the safety of the public or public orderand, where appropriate, the need to protect the safety of the victim or victims of the alleged offence, are stated to be primary considerations.
Provision is made in subsection (3) for applications in respect of offences mentioned in Part D of the First Schedule to lie to the Supreme Court or Court of Appeal.

The jurisdiction for the grant of bail respecting offences mentioned in Part C or Part D of the First Schedule is vested in the Supreme Court or Court of Appeal, pursuant to subsection (2) and (3).

Section 3 of the principal Act provides for a general power to the Magistrates Court for the grant of bail.
Accordingly, a new subsection (3A) provides that the Magistrates Court shall not have jurisdiction for the grant of bail in respect of any person charged with an offence mentioned in Part C or Part D of the First Schedule.

Amendments to the First Schedule to the Act provide for the repeal and replacement of Part A to reformulate the relevant factors that the court should take into consideration on any application for bail; and to revise the offences mentioned in Part B, Part C, and Part D. Page - 6