During his Contribution on the Bail (Amendment) Act, 2024, in the House of Assembly, on January 31, 2024, Prime Minister and Minister of Finance the Hon. Philip Davis stated that he supported the Bill, in order to insist that the Bahamian people “have the right to be safe in their homes and in their neighborhoods, and to require that those who violate the conditions placed upon them in the name of justice are held accountable."
He noted that the main objectives of that Bill were straightforward.
“First, we are inserting a new section, 9A, which requires those being placed on bail to adhere to certain conditions upon which bail may be granted, and provide for the revocation of bail when those conditions are breached,” Prime Minister Davis pointed out.
“When your bail is contingent upon certain conditions and you breach those conditions, then the bail itself is subject to being revoked,” he added.
Prime Minister Davis said that all persons placed on bail will be entered into what’s called a recognisance of bail, which will, in addition to capturing their personal information, clearly lay out the conditions placed on the person being granted bail, so that they are fully aware of what those conditions are.
Prime Minister Davis added that those conditions represented a standard of conduct that should be expected of anyone placed on bail.
Some of those conditions, he said, included the following: showing up to court at the appointed time and not leaving proceedings without permission; not interfering with witnesses; and not committing any offences while placed on bail.
He added that they may also include the following: reporting to a police station at a specified time; wearing a monitoring device; surrendering passports and other traveling documents; and keeping the peace and being of good behavior -- as well as any other conditions prescribed by the Chief Justice.
“These conditions, to my mind, reflect common sense, and are clearly within the interest of the public good,” Prime Minister Davis said.
“Anyone who breaches these conditions should be held accountable.”
He noted that one of the core principles of the effective administration of justice was that penalties must be sure and swift if they were to be an effective deterrent.
Prime Minister Davis said: “So, if anyone thinks they are going to just duck out of coming to court; commit additional offences; tamper with the monitoring devices placed upon them; or breach the conditions imposed on them in any way, then I have news for them: It’s a new day for justice and accountability in The Bahamas.”
He continued that the Bill also amended section 12 of the principal Act. Of note there, Prime Minister Davis said, was the replacement of subsection 4 with new standards, ensuring that — in the interest of swift justice — anyone arrested while on bail will be brought before a Magistrate within 48 hours of their arrest or even sooner, if possible.
He said: “The amendments of sections 12A and 12B establish the fact that the breaching of conditions of bail is to be regarded as an offence and that offence should be punishable, upon conviction, – and let me repeat that so it’s clear for everyone – the offence will be punishable, not when accused, but upon conviction, to a term of imprisonment not exceeding five years.”
“So, in subsection 9A, we see an expectation that no offences are committed while on bail, and section 12 now establishes breaches in bail as an offence,” Prime Minister Davis added. “Notably, in establishing these breaches as offences, we are also removing the option of paying fines.”
He stated that those who blatantly breach the conditions of their release will no longer have the option of paying a fine and “going about their business”.
“In the interest of public safety, breaching the conditions placed on the granting of bail will be regarded, as I said, as an offence,” Prime Minister Davis said.
He added: “Let’s be clear. We still fully respect the presumption of innocence for the accused, as well as the discretion of judges in the granting of bail. We believe these changes to the law balance our respect for the discretion of the Judiciary with the urgent need to address the violence in our communities.”
The fact was, Prime Minister Davis said, many of the people who killed or who were killed while on bail were often violating the terms of their bail prior to those violent incidents.
“We have individuals accused of murder who are supposed to have restrictions placed on their movement, traveling to and fro as they please,” he noted.
“Such blatant disregard for the conditions placed on them by the courts, as well as their disregard for public safety, should be met with a strong response -- not a slap on the wrist,” Prime Minister Davis added.
“Because we all know what often happens when they refuse to comply with the conditions of their bail.”
Prime Minister Davis stressed that that had nothing to do with the presumption of innocence. Regardless of the crime committed, he noted, every one before the courts was still presumed innocent.
“Unfortunately, the streets don’t see it that way,” he said. “A lot of men who have been presumed innocent by our judicial system have broken the conditions of their bail, paid their fine and walked back out freely, only to be executed in the court of street justice. The evidence is there.”
“This senseless cycle of violence, one tragedy after another, has led to too much loss – not just the loss of life, terrible enough, but a loss of faith in our justice system,” Prime Minister Davis added.
He pointed out that concerns about the proposed amendments were misplaced.
Prime Minister stressed that judges retain full discretion to consider whether the person applying for bail was considered a flight risk, or a danger to the community, or are themselves in danger, in the original decision to grant bail.
“There is also the consideration of whether that individual will be tried within a reasonable time,” he added. “Again, the discretion of the court in the granting of bail remains.
“However, the granting of bail should now, and has always included conditions.”
Prime Minister Davis stated, the amendment did not interfere with judicial discretion. Instead, he said, it encouraged people placed on bail to observe the conditions rather than just treat them as an inconvenience.
He said: “So, for example, the young man who is considering removing his ankle monitoring device must do so, now, with the knowledge that this breach of the condition of his bail will result, and (or) could result, in his immediate arrest and detention. He will be brought before the courts, and upon being given a fair hearing, if found guilty, his freedom will be restricted.”
Prime Minister Davis said that the person in his anecdote would also have to pay the consequences for the offence of breaching the conditions of his bail.
“Where before he may have paid a fine – without, potentially, even an interruption of his freedom – he must now move forward with the understanding that if he breaches the conditions of his bail, his bail will likely be revoked, he will pay the penalty for that offence, and it is quite likely the judge may not grant him bail again,” he added.
“Those who are granted bail can no longer take their freedom for granted, and gamble with their lives and the lives of those around them.”
Prime Minister Davis pointed out that, in 2023, over 40% of murder victims were on bail for murder-related charges; and that they were not the only victims.
“Gang violence is putting innocent Bahamians at risk: passengers who ride in their vehicles, children in their homes, family members – even innocent passersby walking or driving have had their lives tragically cut short,” he stated.
“Many times, these incidents of violence occur when the individual granted bail is engaging in activities that are clearly in breach of the conditions of their bail, or they have previously violated these conditions – only to pay a fine and walk the streets as a free man,” Prime Minister Davis added.
He noted that providing more forceful accountability when those breaches occur will reduce the number of bail-related murders.
Prime Minister Davis stressed that the amendment was “an important step forward to save lives”. But, he added, it was far from the only step his Government was taking to protect the nation’s people.
He referred to “Crackdown 2024”, his Government’s detailed plan to build safer communities, which he shared in the House of Assembly the prior week.
Prime Minister Davis reiterated that Crackdown 2024 was comprised of five pillars.
He said: “The first pillar is prevention, which focuses on community development, education, social services, and economic opportunities. The second pillar is focused on strengthening policing, including increased police presence, as well as investments in training, technology, and data collection, and enhanced regional cooperation against drugs and weapons trafficking.
The third pillar is focused on prosecution, which includes new specialized courts dealing with specific crimes, and better support systems for victims and witnesses.
“The fourth pillar is punishment, ensuring that criminals are brought to justice and held accountable with harsh penalties for gang and gun-related offences,” he added. “Finally, there is rehabilitation. Because the vast majority of those incarcerated will be returned to our communities, it is in their interest and ours to help them gain the skills they need to reintegrate successfully into society.”
The Prime Minister emphasized the importance of collaboration and cooperation – collaboration across different branches and agencies of government, and collaboration with the public as well.
“As a part of our efforts, we are expanding school policing, placing more specially trained officers in schools to foster positive relationships with students and de-escalate conflicts and potential violence,” he noted.
“Our ‘Clear, Hold, and Build’ Policing Strategy is a phased anti-gang strategy that focuses on rooting out gang elements, securing these areas, and then investing in community development to prevent the re-emergence of such elements,” Prime Minister Davis added.
He noted that, to deter crime in high-risk areas, his government was significantly increasing police presence through expanded saturation patrols.
“We are introducing advanced facial recognition CCTV systems to assist in monitoring our communities and finding criminals,” Prime Minister Davis said.
“Community policing is also a critical part of our data-driven strategy,” he added. “Strengthening ties between the community and the police can aid in intelligence gathering, conflict de-escalation, and crime prevention.”
Prime Minister Davis said that his Government was making “key investments” in communication centers, stronger witness protection and support, more money for its Confidential Informant Fund, and the construction of a National Forensics Laboratory to facilitate “swift and effective” investigations.
He added that his Government was also exploring ways it could more aggressively legislate against violent crimes, especially gun crimes, to curtail the levels of violence in the streets.
Prime Minister Davis said: “Our plan calls for immediate investments in the recruitment of more police officers, not only to increase police presence, but to ensure that we have the manpower to effectively police our communities and establish new units like the Anti-Gang Violence Unit to take action against the proliferation of gangs, as well as the Domestic Violence Unit to protect our women.”
“If we are to succeed in reclaiming our communities, we must effectively address each one of our five pillars.”
He stated that violence was robbing the nation’s young men and the country, as a whole, of too much potential.
“Creating enduring progress will require a nationwide commitment and effort – but this is a fight we must win, to secure a brighter tomorrow for all Bahamians,” Prime Minister Davis noted. “What matters now is results.
“I fully support the Bail (Amendment) Bill, 2024, as a critical step in the fight to make our communities and our nation safer.”
