The purpose of this Bill is to amend the Bail Act, Chap. 4:60 (the Act) to make provision for the restriction of bail to persons charged with serious offences. The Bill seeks to give effect to the ruling of the Privy Council in the case of Akili Charles v State [2022] UKPC 31 by providing that a Judge or Master may grant bail to a person charged with the offence of murder. The Bill also seeks to impose conditions on the exercise of the Court’s discretion in granting bail to persons charged with the offence of murder, serious offences listed in Part II of the First Schedule and firearm related offences. Further, the Bill seeks to impose an enhanced reversal of burden on persons charged with the offence of murder and firearm related offences to require such persons to show exceptional circumstances to justify the granting of bail. The Bill also seeks to require a review of the Act to be conducted every five years after its commencement. Finally, the Bill seeks to provide that bail granted to an accused under section 5 of the Act will continue to apply after this Bill comes into operation.
The Bill as introduced requires a special majority in order to be passed.
