The purpose of the Bill is to amend section 5 of the Bail Act, Chap. 4:60, to expressly provide that an accused must show exceptional circumstances or sufficient cause to justify the granting of bail where an application for bail is made under section 5(5). The Bill also seeks to make provision for the restriction of bail, in relation to all offences, to an accused in instances where the accused or his surety are unable to prove that the source of the cash in relation to the posting of cash bail, or real property used to secure bail, was legitimately obtained.
The Bill seeks to provide the Court with the power to consider or inquire into the source of the cash or real property that is used to post or secure bail in relation to all offences by an accused or the surety. The Bill empowers the Court to conduct the Bail Source Hearing, on its own motion or on the request of the prosecution. The Bill also places a burden of proof on the person proffering the cash or real property to show that the cash or real property were acquired through legitimate means. The Bill further places a duty of confidentiality on persons who are privy to the financial information being shared by the accused or surety during a Bail Source Hearing to keep the information confidential, and also creates an offence for the unlawful dissemination of such financial information. Finally, the Bill seeks to fortify the Statutory Declaration of a surety, who now has to declare that the source of the cash or real property used to post or secure bail for the accused was derived from legitimate means.
The Bill as introduced requires a three-fifths majority in order to be passed, and will come into effect upon proclamation.
