Government's "One strike and you are out" policy is now law.A press release from the Office of the Attorney General yesterday said President Anthony Carmona assented to the Bail (Amendment) Act, 2014 on Valentine's Day, last Friday.This means that convicted criminals who are repeat offenders will now face jail, as they will be denied bail if held for another serious or violent crime.The act applies to those who have one prior conviction for any of the serious and violent criminal offences, except capital offences, which are already non-bailable.
The release stated: "When such a person is released from prison, if he is arrested and charged for committing another serious and violent crime within ten years of the date he left prison, he cannot get bail for 120 days."After 120 days, if the prosecution has not started its case, the accused person can apply to a judge for bail."The act will restrict, but not completely take away the right to bail in relation to a specified category of offences."It will give the person a right to apply to the court for bail after 120 days in cases where the prosecution fails to starts its case." the release said.
It added: "Secondly, where a person is out on bail for any offence but is subsequently convicted of one of the serious and violent criminal offences under this act or the Anti-Gang Act, the court can now reconsider his bail in respect of any pending charge."Thus the court may revoke or change conditions in light of conviction of a serious and violent criminal offence under this act or the Anti-Gang Act."Under this act, previous convictions include a conviction for a similar or materially similar offence which was imposed by a court in any foreign jurisdiction."Thus a person coming into this country with a criminal record and committing a serious and violent offence would be caught under this law."A foreign or local offender who repeats his criminal conduct in T&T in relation to serious offences will be denied bail for up to 120 days," it added.