JR from Portmore writes to find out how the 'bail amount' is usually determined by the judge or the police in the event of station bail. This is a big question. If the matter is put before a judge, including Resident Magistrates, then the question of bail is in the province of the judge alone and no one else.

Some judges may indicate, but others may deliberately remain silent on the point, the conditions that may influence the quantum of the bail. It is good when there is consistency among the judges with respect to the quantum, but as we have seen, such is the discretion that the judge need not be consistent. It might be useful to look at an example which comes to court on a regular basis.

Considerations

Let us say the accused man was charged for carnal abuse. This is a very serious crime as the allegation would disclose a man having sex with a young girl who in law is unable to give consent. Now they are so many factors that would operate in the mind of the judge as to how to treat with the quantum of the bail, if the judge is so minded. It is important to note that for a number of good reasons - such as the seriousness of the crime, the prevalence of the offence, whether the accused man's life or that of the complainant might be put in danger - the judge may not offer bail.

However, if bail is to be offered, the judge may take into consideration the age difference between the parties. For instance, is it a case with an accused man of 19 years; with a relatively big and "mature looking" school girl of 15 plus, or is the girl age 12 and the man a neighbour of 60 years old who was left in charge of the girl?

Vital questions

Was any weapon used? Was the young girl threatened? Was she physically abused and did she contract any disease during the act? All these are vital questions for a judge to take into consideration in determining the question of bail and the quantum. The court may also consider whether the accused man lives in very close proximity of the complainant. So, say in very bad circumstances of carnal abuse the bail is set at $500,000 with one, two or three sureties who can bail you. This is maybe not bad if judges are guided by a band say between $400,000 at the bottom and say $700,000 at the top for bad cases of carnal abuse.

The real problem comes when this is the bail in one parish and then in another parish for similar circumstances, the bail is set at $1,000,000, and yet in another it is $75,000. Some people argue that while judges should have some discretion, it would certainly be more just and equitable for the Government to legislate and set up a band to guide judges, if they are minded to offer bail. It would level the playing field, for want of a better expression, and provide a greater sense of justice to the many people who come before the court for bail.

Significant factor

Another significant factor about bail is on the point of denial of bail, which the judge must always reserve the right to do. However, nothing would be wrong if a judge took the time to explain to each accused man why bail was not granted. It should not be that the words of a judge that bail refused should be sufficient. The law should place an obligation on judges to give reasons, even briefly, to the accused man. It would help in that the accused man would know what is causing the concern in the judge's mind, why bail is not granted to him.

second, he might be able to address those concerns. The concerns might be his address, whether he is living too close to the complainant and other factors which could be easily rectified.

Maybe more public comments should be encouraged on these important issues. What about a debate in the town halls and then Parliament?