Latest update December 17th, 2024 3:32 AM
Govt. seeks consultant to review Probation of Offenders Act
The Ministry of Legal Affairs is looking for a consultant to review the Probation of Offenders Act. The government and the Inter-American Development (IDB) recently signed a loan agreement for an intervention in the justice system, which seeks to address the institutional, which affect the criminal justice system.
It is referred to as the Criminal Justice System Programme and intends to apply part of the funding towards consulting services Apart from a consultant to review the Probation of Offenders Act; the ministry is also looking for a consultant to review Community Services in Guyana.
According to the Ministry of Legal Affairs, the consultants will be selected in accordance with the procedures set out in the Inter American Development Bank Policies for the Selection and Contracting of Consultants financed by the IDB. It will be in accordance with the principles of comparisons based on Qualifications of National Individuals (QCNI).
Among other things, the current Probation of Offenders Act makes provision for where any person is charged with an offence which is punishable on summary conviction, and the court thinks that the charge is proved but is of the opinion that having regard to the circumstances, including the nature of the offence and the character and home surroundings of the offender, it is expedient to release the offender on probation after considering various factors.
In May, the Ministry through ads in the print media, said it was looking for a consultant to draft a Bail Act aimed at bringing uniformity in relation to the granting and refusal of bail. It is expected to bring some level consistency in this regard. According to a 2018 Improve Access to Justice in the Caribbean (IMPACT) Report, there are five Caribbean states that have a Bail Act. These are Trinidad and Tobago, Barbados, Jamaica, St. Lucia, St. Kitts and Nevis.
Those without include Guyana, Grenada, Belize, St. Vincent and the Grenadines and Montserrat, Dominica and Antigua and Barbuda. In Guyana, bail is not granted for certain offences like murder and treason. Guyana’s Constitution embraces the doctrine of presumption of innocence until proven guilty and provides that a person who has been charged but not tried within a reasonable time is entitled to be released either unconditionally or upon reasonable conditions.
In considering bail, Judges and Magistrates would consider the serious nature and gravity of the offence, the likelihood of a defendant returning to court, the prevalence of the offence, the criminal record of the defendant, witness tampering, among other factors. Presently, there have been inconsistent approaches by different courts in relation to bail.
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