The Bail (Amendment) Act, passed last year with bipartisan support from both the PNM and UNC, introduced significant changes to how individuals accused of serious crimes are treated. This legislation was necessitated by a landmark Privy Council ruling that declared the long-standing ban on bail for murder charges unconstitutional. The amendment allows bail in ‘exceptional circumstances’ and permits those charged with murder to petition for release if the state fails to present evidence within 180 days or if a trial extends beyond a year. However, the law left ambiguity regarding whether the same standards apply in cases of prolonged trials.
On October 27, the Court of Appeal signaled its intention to address this unresolved issue. Justices of Appeal Gillian Lucky, Mira Dean-Armorer, and Carla Brown-Antoine have consolidated several ongoing cases to determine the correct legal test. The court will hear arguments in early 2026, weighing whether the legislative intent was to ease the burden on defendants, as argued by defense attorneys, or to maintain a high threshold even in cases of delay, as contended by the state. Stakeholders, including the Public Defenders’ Department, the Law Association, the Criminal Bar Association, and the Office of the Attorney General, will participate as interested parties.
Justice Lucky emphasized the need for a consistent approach, stating, ‘What is the correct test?’ This judicial intervention highlights deficiencies in the parliamentary process, as the ambiguity was raised during committee discussions when the bill was debated last July.
The urgency for clarity is underscored by recent observations from prison reform advocate Debbie Jacob, who noted that innocent individuals languish in prison for over a decade awaiting trial. A 2023 parliamentary committee survey further revealed that some citizens are reluctant to report crimes due to the ‘terrifyingly delayed process.’ The court’s move to clarify the law is a welcome step, potentially obviating the need for further legislative action.