Chief Magistrate confident Bail Act will restore confidence in judicial system

Carrette-George (far right)

The country’s Chief Magistrate, Candia Carrette-George, is confident that the Bail Act will among other things restore the public’s confidence in the judicial system.

Enactment of the Bail Act which was delayed following the passage of Hurricane Maria last year September, has received government’s attention and is expected to be placed before Parliament.

Carrette-George told a press conference recently that the new Act, once passed, will also assist with uniformity and consistency.

“The Bail Act would be very important to us; I cannot not emphasize the importance,” she said. “What it would mainly assist us with is consistency.”

Carrette-George said at present, a lot is left to a magistrate’s discretion.

“Matters come up and perhaps one Magistrate may look at the situation. Although we have guidelines, one may say I am not willing to grant bail for this one and then lawyers may go magistrate shopping and may be able to work on the emotions or sympathy or discretion of another magistrate,” she explained.

She explained that what the Bail Act would do is to ensure uniformity and consistency and obviously, if that is done, it will create a sense of confidence in the public that, “this is what is done, this is what is just.”

“That is mainly how it would assist us. So, we look forward to it,” she said.

Meantime, Acting Permanent Secretary in the Ministry of Justice, Immigration and National Security, Jo-Anne Commodore said the Act had been on the books before but, “we had asked for further reviews.”

Commodore said that Justice Minister, Rayburn Blackmoore recently asked that, “We go full speed ahead with that.”

She said that the only other Act that is currently be considered is the Firearms Act.

“We are still awaiting advice from the AG’s [Attorney General] Chambers,” she stated. “I don’t have much details, but I know that we have asked that this Act be reviewed.”

As early as May 2016, Attorney General, Levi Peter, said while speaking on state-owned DBS Radio that plans were in place for the introduction of a Bail Act in Dominica to address some of the inconsistencies within the justice system.

He said then that he was more confident that the bill for the Bail Act had gone “to and through cabinet” and the Act is “in a different category”.

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10 Comments

  1. November 14, 2018

    Yes indeed ” confidence in the judicial system must be restored” in order to build that resilient country this administration is promoting; quite a few of our laws are out-dated and the notion that the OECS countries are seeking to harmonize legislation is not applicable to Dominica since the double Dr PhD and his goons are hell bent on keeping us mentally and economically enslaved. He has the most brilliant constitutional lawyer in the Caribbean as his adviser yet his main interest is taking to parliament laws that will keep he and his cult in power untillllllll! totally unacceptable.

  2. BEB
    November 13, 2018

    I would like to know what the Bail Act entails. Why not putting in place a Bonds Man Act within the Bail Act? Where a person is making preparation for bail, there would be a Bonds Man, who would collect a certain percentage of the amount would be collected and placed in the Treasury Dept. and these funds are non refundable , this is happening in the outside world and of course, this would assist in running the affairs of the country. Now some one desiring to bail someone would have to think twice. I also think that this would help to deter crimes

  3. Anonymous
    November 13, 2018

    So she does admit there is a lack of public confidence in our judicial system. Very revealing.

  4. %
    November 13, 2018

    Ossie join the team for Labour nah,for our Sikiri team to ensure that your tail is impeccably cut,come polling day.Come on Ossie man ,come into the ring! Don’t be a coward man!
    S M G
    S M G
    L S M G N

  5. %
    November 13, 2018

    Public confidence in the justice system will only return,when all those currently in the system administering their unfair justice goes,and they are replaced by a team of non partisan,non political men and women….
    What a country !!!!! Even the blind can see that this country’s institution (the justice system) is compromised .
    I say it time for we the citizens to complain to the relevant bodies to replace some people in the system.
    S M G
    S M G
    L S M G N

    • ?????????
      November 13, 2018

      Stupes ! You paro SMG, SMG, LSMGN. You obsessed with him but remember God is in control. Go rid yourself of hatred paro!

  6. November 13, 2018

    Hello and good morning my people. The Bail Acts should simply say no bail for the following crime. In that way a skilled Attorney can’t play with the judge emotions rather he/she must abide by the law.

    A. Murder
    B. Rape
    C. Kidnapping
    D. Felony assault with a firearm or a Deadly weapon
    E. Possession of a loaded gun
    F. Witness Tampering in the First Degree
    G. Aggravated Sexual Abuse first degree
    H. Possession of a deadly weapon with intent to use.

    • Jheri Curl
      November 13, 2018

      Although those crimes are heinous
      I disagree
      Falsely accused folks should not have their freedom of movement impeded by the courts or Gubment
      Especially with cases not being expeditious in the Commonwealth
      and the backlog being what it is
      Innocent folks can lose their jobs while they sit in prison.

  7. Paul Rossnof
    November 13, 2018

    The only way you can restore confidence in the judicial system if the judicial system clearly show to the citizens of Dominica in that they are truly independent of ANY political interference. Anything else is just gimmicks and all you know it.

    • Jheri Curl
      November 13, 2018

      You think the Judiciary is corrupted by politicians?
      I’ve never thought of this… can you explain?
      I’m completely ignorant of this fact and I’m not challenging your assertion

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