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A FLAWED BAIL SYSTEM

Sep 06, 2016 Editorial, Features / Columnists

In Guyana the question of bail has always been a source of contention. It is assumed in some quarters that bail is not adjudicated fairly across the board by the courts. The reasons for this vary.
Bail is very seldom granted to accused with long criminal records. In most cases, the law does not allow bail in cases of murder and other heinous crimes. At other times, it could be that the police officers involved in the case have not finished gathering all the evidence or completed the background checks on the accused.
Bail for serious crimes is granted at the discretion of the court. The reason being, that while there is a presumption of innocence, the safety of the public must be taken into consideration because it is possible that society may be faced with a serial robber, rapist, pedophile or murderer.
However, whenever bail is granted, the accused persons could still languish in prison, because they and their relatives are unable to meet the amount set by the courts. While this is a known fact, it is not an easy problem to solve. Figures indicate that about 30 per cent or roughly 300 of the total prison population of 1,000 remain behind bars, even though they have been granted bail.
This is a flagrant assault on the notions of liberty, equality and the presumption of innocence, all of which are guaranteed under the Constitution. Of course it is the responsibility of the accused to meet the bail requirements. These are the consequences faced by those who have been accused of committing crimes.
Some have suggested the courts should be more lenient and reduce bail for those who are eligible but are unable raise the amount. This could have a net impact on the prison population, and the prison system, because it could significantly reduce overcrowding. The fact that a large number of the prison population, mostly the poor, is on remand because of an inability to post bail, points to an unfair justice system.
It is time for the State to reform the system to make it at least appear to be fair to everyone. It must also look at novel ways of handling bail, especially for youths, in order to avoid placing them into unforgiving prison environs with hardcore criminals.
With a high conviction and incarceration rate, the justice system seems to be serving the purpose of punishing and radicalizing youths and first-time offenders. Studies show that most of the offenders on remand are repeat offenders who have associated with the habitual criminals in prison which suggests that the prison system has become something of a merry-go-round.
In the case of those who are on remand and who cannot afford bail, they should not be stuck in jail for three or four years awaiting trial. There should be a way to reduce the waiting time for trials so that justice is seen to be served. It is unacceptable for persons who have a legal right to liberty to be kept behind bars for years awaiting trial due to needless technicalities. This has cast doubt over the entire justice system which the poor believed is unfair and biased against them.
It is generally known that the wealthy are in a better position to afford bail and the most expensive lawyers while the poor struggle to make bail and to have proper legal representation. Change must be made in relation to bail, the inordinate waiting time for trials and the perpetual overcrowding crisis. Along with a flawed bail system, these are the essential issues that must be addressed if we are to have a truly acceptable system of law and order.

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