Bail Act

Link to law: http://www.moj.gov.jm/laws/bail-act-0

BAIL 3

THE BAIL ACT

REGULATIONS
(under section 21)

THE BAIL REGULATIONS, 2001

L N 146A,’2001 (Made by the Minister on the 27th day of September, 2001)

1. These Regulations may be cited as the Bail Regulations, 2001. CMlOfl

2.+1) This regulation applies where bail is granted to any person subject 2:;;;
to the payment of a specified sum as a condition for bail pursuant to section 6 %-for
(2) (b) of the Act.

(2) A Justice of the Peace or police officer shall not spec$ an
amount in excess of four hundred thousand dollars as the payment required
of any person as a condition for bail. but nothing in this paragraph shall be
construed as limiting the amount that may be specified by a Resident
Magistrate or Judge as a conhtion for bail.

(3) Payment shall be in cash or. if approved by the Court. Justice of
the Peace or police officer. as the case may be. by manager’s cheque made
out to an account referred to in paragraph (5 ) .

(1) Where bail is granted b p

(a) a Justice of the Peace or police officer. the payment shall be made
at a police station to a police officer: or

(h) a Court. the payment shall be made to an accountant of
that court.

and the accountant or police officer. as the case may be. shall issue a receipt
therefor.

( 5 ) A police officer who receives a payment under this regulation
shall. before the expiration of the worlung day nex? following the day on
whch the payment is received. lodge the payment with an accountant of the
relcant Court. who shall issue a receipt therefor.

(6) Every accountant of the Court for each parish shall lodge all bail
payments received by him to a bank account established for that purpose in
relation to that parish.

(7) Suitable arrangements shall be made for-

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4 THE BAIL REGULATIONS, 2001

(a) the safe-keeping of payments received by police officers during
times when it is impracticable for the payment to be lodged with
the Accountant; and

(b) the recording and identification of receipts issued under this
regulation.

3 . 4 1 ) A person who surrenders his travel documents to the Court under
section 6 (3) (a) of the Act may apply to the Court for permission to travel
and for the release of his travel documents for the purpose of such travel.

(2) A Court may grant an application made under paragraph (1) if it
thinks fit having regard to all the circumstances, including whether the
person is likely to flee the jurisdiction of the Court or surrender to custody,
and subject to such conditions as appear to the Court to be necessary to
ensure that the person-

Rclurc of
tnvcl
documcntr

(a) surrenders to custody;

(6) does not commit an offence while on bail; and

(c) does not interfere with witnesses or otherwise obstruct the course
of justice, whether in relation to himself or any other person.

(3) A person who makes an application under paragraph (1) shall
furnish the Court with such information as to the purpose of travel, departure
and return dates, and such other information as the Court may require in
order to determine whether the permission should be granted.

(4) A receipt shall be issued in respect of any travel document
surrendered to the Court, and any receipt so issued shall be returned in
exchange for the release of the document:

Provided that where the receipt cannot be produced, the document may be
released by an officer of the Court if such officer is satisfied that the person
receiving the document is the holder thereof and the person, by his signature,
acknowledges that he receives the document.

( 5 ) An application under this regulation shall be supported by an
affidavit deponed by the applicant.

(6) Where a travel document surrendered to the Court by any person
cannot be located after its surrender, that person shall be entitled to recover,
free of charge from the Ministry having responsibility for passports, a
replacement of the travel document.

(7) Where a travel document surrendered to the Court is lost through
the negligence of any person, the Ministry referred to in paragraph (6) shall
be entitled to recover from such person the cost of replacing the travel
document.

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THE BAlL REGULl TIONS, 2001 5

4. A station diary shall be kept exclusively for the purpose of
documenting the times and dates of reports made by a person to whom bail is
granted, pursuant to a requirement under section 6 (3) (c) of the Act.

5 . The record of a decision relating to the grant or refusal of bail or the k-:‘
imposing or variation of any condition of bail shall be in Form 1 of the s w d c
Schedule. Form I

6.+1) A Court may r e h to make a determination under section 17 of
the Act, that a person is a suitable surety for the purposes of that section until
the Court is satisfied. on such evidence as appears to the Court to be
sufficient. as to-

(a) the person’sidentity:

(b) the person’s residential address and the period during whch he
has resided at that address:

(c) the person’s profession. occupation. trade or business:
(d) the person’s good character:

(e) the person’s relationship, whether by kinship, place of residence
or otherwise. to the defendant:

v) where the person is required to provide a Security for the purpose
of securing the defendant’s surrender to custody. the ownership
of any asset that the person undertakes to produce as security and

(g) establish that the person is not an exempt person.
(2 ) A declaration for the purposes of section 17(3) of the Act

(knowledge of the surety’s address and good character) shall be in Form 2 of F-2
the Schedule.

7. The following persons are exeapt froin providing surety for the E x m P * ~ n s
purpose of securing the release on bail of any person charged with an
offence-

(a) a Resident Magistrate, Judge, a Justice of the Peace who has
considered any issue relating to bail in respect of the person
charged, or a police officer;

(b) an attorney-at-law on record for that person in relation to the
offence;

(c) a person charged jointly with that person, or charged with
conspiring, aiding or abetting in the commission of the offence;

(4 a person whohas a criminalchargependingagainsthimbefore
any court;

(e) a person who is not resident in Jamaica; and

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6 THE BAIL REGUUTIONS, 2001

k h e d S
Form 3

Ikfmdsnt to be
mrmed of pD-
cedwe for apph-
caaon or rmm

Form 5

u> a person who is entitled to immunity from legal process in

8.-(1) Every facility that operates as a day training centre under the
provisions of the Criminal Justice (Reform) Act is hereby declared to be a
bail centre for the purpose of attendance pufiuant to an order made under
section 6 (3) (e) of the Act.

(2) Where attendance at a bail centre is a condition of the grant of
bail to any person, the Court, Justice of the Peace or police officer, as the

specify the bail centre that the person is to attend, being, where
possible, within reasonable travelling distance of the place where
the person resides or works;

(6) send a notice in Form 3 of the Schedule and a copy of the record
of the decision to the bail centre so specified; and

(c) inform the centre of the variation of any conhtion relating to the
person’s attendance at the centre.

Jamaica.

case may be, shall-

(a)

(3) Arrangements shall be made at every bail centre for-

(a) recording the attendance, or failure to attend at a time speclfed in
the notice, of every person with respect to whom a notice is sent
under this regulation;

nowing the Court. Justice of the Peace or police officer. as the
case may be, of any such failure to attend. within twentyfour
hours of such failure.

(4) A person who attends a bail centre as a condition of the grant of
bail shall furnish to the centre such proof of his identity as the centre shall
determine to be satisfactory for ensuring that the person so attending is the
person with respect to whom a notice is sent under this regulation.

9. Where a Justice of the Peace. police officer or Court refuses bail in
criminal proceedings. that Justice. police officer or Court shall-

(a) inform the defendant of any.further right that the defendant has to
apply for bal or for a d e w of the refusal: and

(6) furnish a copy of the record of the decision to the defendant or lus
attorney-at -law.

lo.+ 1) An application by a surety for release from his obligations under

(2) A notice to the defendant concerned. as to the release of a surety.

(6)

a recognizance shall be in Form 4 of the Schedule.

shall be in Form 5 of the Schedule.

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THE BAIL R??GULATIONS, 2001 7

v) r
I
N

SCHEDULE

FORM 1

Record of Bail Decisions

(Regulation 5 )

Defendant:
(name)

Of
(address)

Place of custody:

mence charged

Revious decision
(if any):

(date and o@cer/COurt that made the decision)

Subject: (check appropriate item)
[ I Bail
[ ] Retiew of previous bail decision

[ ] Variation of bail conditions

[ 1 Other(speci6)

Decision:

Reasons for decision:

Conditians: (check and complete appropriate item)

[ ] Payment of money in sum of S

[ ] Surrender of the following travel documents:

[ ] Defendant to report to the officer in charge of the

Police Station at the following times and frequency

[ ] Defendanttoattendat
(name of bail centre)

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8 THE BAIL REGULATIONS, 2001

FORM 1. contd.

at the following times and fiequency:

[ ] Defendant to remain at the following location:

during the hours of

[ 1 An acceptable surety shall agree to secure the surrender of the defendant into
~vstody or forfeit the sum of S

[ 1 Defendant shall surrender into custody at
on

[ 1 Defendant to inform the Coud if he intends to leave Jamaica.

Nsxt appearing before:
(Name of Court)

Signature of decision maker:

Date:

&cision maker: (Check applicable description)

[ 1 policeofficer
(state name ond rank)

[ 1 Justice of the Peace
(state name andporrsh)

[ I court
(state name ofJudge and Court)

THE BAIL REGULATIONS, 2001

FORM 2 (Regulation 6 (2))

Deckwanon by Justice of the Peace, Member of the Jamaica Constabulary
Force. Minister ofReiigron or Principal of an educational institution.

pursuant to section I 7 ( 3 ) of the Act.

I of

hereby declare that:

I am a Justice of the Peace/member of the Jamaica Constabulary
ForcdMinister of ReligiodPrincipal of

(name of educahonal inshtuhon)

has offered himself7
defendant in the herself as surety for

case R.v.

I have been acquainted with the surety for years.

The nature of my acquaintance with the surety is:

To the best of my knowledge, the surety resides at:

I regard hint'her as a responsible person of good character who is likely
to fulfill hio'her obligations as a surety.

I am aware that if I make. in this declaration any statement that I know to be false in
Million Dollars or to a ma!erial par(icular. I am liable to a fme not exceeding Three

imprisonment for a term not exceeding two years. or to both such fme and imprisonment.

Signed

This day of .200

9

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10 THE BAIL REGULATIONS, 2001

FORM 3 (Regulation 8 (2))

Notice of requirement to attend bail centre

Notice is hereby given that of

is required to attend at
(name of bail centre)

during the period
(state time andfiequency of anendance required)

Particulars of attendee:

m e n - charged

(photograph of
attendee)**

Bail granied by*:
(nome of officer or Court)

*You are required to inform this Court or officer within twenty-four hours if the attendee
fails to attend at this bail centre.

**The reverse shall be endorsed with a statement indicating that it is a t m e
photograph of the aaendee. signed by an Attorney-at-Law. Justice of the Peace. Police
officer not below the rank of Sergeant. Minister of Religion or a Principal of an educational
institution other than a prr-primary school.

THE BAIL REGULATIONS, 2001

FORM 4

11

(Regulation 10 ( I ) )

Application by surety for release

Name of defendant:

Address:

Offenes):

Name of surety:

Address:

Telephone No.:

Application is made. under section 19 of the Bail Act to the

being the Court before which recognizance was taken by the abovementioned surety for

said surety to be released &om his obligations under the recognizance entered into by him

(name of Court)

on
W e )

Grounds for application:

Signature of surety:

12 THE BAIL REGULATIONS, 2001

FORM 5 (Regulation 10 (2))

Notice of Release of Surety

Date:

Name of Defendant:

Addrzss:

offence (s):

Name of Surety:

A&ess:

Notice is hereby given that, pyrmant to an application under section 19 of the Bail

Ad, made before the on
(name of Court) (date of applicanon)

the abovemenfionedsumty has been granted release &om his obligations under the re-

cognizance entered into by him on
(dare)

Signature of JudgeResident Magistrate

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