Maroc - NEWSDAY.CO.TT - A la Une - 29/Oct 09:42

Court of Appeal moves to clarify law

THE BAIL (Amendment) Act passed last year, which enacted changed standards surrounding how people accused of serious crimes are to be treated, was a creature of consensus. The PNM and UNC voted for it; the legislation was made necessary by a landmark Privy Council ruling, which forced legislators’ hands. That ruling had found the long-standing ban on bail for people charged with murder to be, in fact, unconstitutional. With the amendment, MPs crafted a solution, authorising bail in “exceptional circumstances” and allowing people charged with murder to petition a judge or master for release only if the state does not lead evidence for 180 days or if a trial drags on for a year. But what the law left hanging was whether the former test applied to the latter delayed scenario. What Parliament left unstated, the Court of Appeal on October 27 signalled it will now clarify. So often, the judiciary is accused of standing idly amid the malaise of the criminal justice system. But in a hopeful development, Justices of Appeal Gillian Lucky, Mira Dean-Armorer and Carla Brown-Antoine have moved to merge several ongoing cases questioning the correct test. The judges will hear arguments in early 2026 and will weigh whether the legislative intent was to ease the burden, as defence attorneys argue, or to maintain the high threshold even after delay, as contended by the state. Stakeholders like the Public Defenders’ Department, the Law Association, the Criminal Bar Association and the Office of the Attorney General can brief as interested parties. “We want a consistent approach,” noted Justice of Appeal Lucky. “What is the correct test?” That there is a need for the court to answer this question is, in a way, its own verdict on our parliamentary processes. When the bill was before legislators last July, this precise question arose in committee. That should have been a sign to all as to the clarity of the text. We hope the court will consider the case expeditiously. The need to do so is underlined by recent observations by Newsday columnist and prison reform advocate Debbie Jacob, who, in a piece this week, noted innocent people sit behind bars, deprived of bail. In the process, “men and women in prison lose over a decade of their lives waiting for their trials.” That’s chilling. And there are wider implications beyond the ordeal endured by those on never-ending remand, innocent or otherwise. A 2023 survey by a parliamentary committee suggested some people are reluctant to report crimes to the police, mindful of what one respondent described as the “terrifyingly delayed process.” Bail is an important issue, and the court’s move, which potentially avoids the need for fresh legislation, is welcomed. The post Court of Appeal moves to clarify law appeared first on Trinidad and Tobago Newsday.