• Latest
Attorney calls for long-overdue discussion on decriminalisation of marijuana

Police overstepping boundaries by denying bail granted by a judge

3 years ago
Claims of coronavirus at SGU designed to create fear and panic

Covid-19 update: Grenada Dashboard 12 August 2022

17 hours ago
Tropical Weather Outlook: Saturday, 13 August 2022 (8 am)

Tropical Weather Outlook: Saturday, 13 August 2022 (8 am)

23 hours ago
Party boat crew members detained following assault of sportsman Anderson Peters

Harbour Master arrested as part of civil proceedings

2 days ago
Tanteen Road Closes At Noon

Road Closure: Carenage Public Road

2 days ago
Tropical Weather Outlook: Friday, 12 August 2022 (2 pm)

Tropical Weather Outlook: Friday, 12 August 2022 (2 pm)

2 days ago
RGPF

Hermitage man fined for tampering with clamp

2 days ago
CEO at MNIB resigns 

CEO at MNIB resigns 

2 days ago
Statement by Minister Simon Stiell at Ministerial Roundtable on Climate

Simon Stiell set to be appointed UN climate chief

2 days ago
Ministry of Culture to finance Groovy/Soca finalists’ stage presentations

Minister for Culture congratulates carnival winners

2 days ago
MNIB postharvest handling training

MNIB announces CEO’s resignation

2 days ago
Harbour Master statement on the incident involving Anderson Peters

Harbour Master statement on the incident involving Anderson Peters

3 days ago
Kirani, Anderson and Victor shine at World Champs 2022

Significant number of people involved in investigation

3 days ago
NOW Grenada
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us
No Result
View All Result
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us
No Result
View All Result
NOW Grenada
No Result
View All Result

Police overstepping boundaries by denying bail granted by a judge

This story was posted 3 years ago
25 September 2019
in General News
2 min. read
Attorney-at-Law Anselm Clouden
Share

by Curlan Campbell, NOW Grenada 

  • Criminal Procedure Code outlines granting of bail to magistrate or presiding judge discretion
  • Police prefer original document to grant bail
  • Two-thirds of Grenadian land papers encumbered to a financial institution

Grenada’s Criminal Procedure Code outlines conditions for granting of bail which is left up to the discretion of the magistrate or presiding judge. However, criminal attorney Anselm Clouden said there are instances where police are overstepping their boundaries by denying bail granted by a judge in a case where the sufficiency of the surety is in question.

During the opening of the assizes last week Clouden raised the issue indicating that the constitutional right to bail is being infringed upon, in the case where a defendant is granted bail by a magistrate, but upon presenting documents by his/her surety to the police, Clouden said there are cases where documents are not accepted and bail denied unlawfully.

“When the magistrate grants bail, the defendant through his surety goes to the police station or court office and presents his document. The police then vet the document and from time to time refuse to grant bail on the basis that they want the original and not a certified copy of the original. Now that is unfair and it abrogates his constitutional right to liberty,” Clouden explained. “For every moment a defendant is detained unlawfully he has a right against the state for false imprisonment. Now it is the magistrate or the judge to determine whether they would accept documents, and what type of documents.”

He said the situation is further compounded since two-thirds of Grenadian land papers are saddled with a debt or mortgage to a financial institution.

“Two-thirds of Grenadian land papers are encumbered to the bank or credit union and therefore when an accused person presents a copy of that document to the police and the police refuse to accept it, the police has no authority whatsoever in law to determine the sufficiency of the surety,” he said.

Clouden suggested that in a case like aforementioned then the matter must go back to the magistrate for consideration. “It is the magistrate that granted bail, the matter must go back before her and she is to decide whether the surety is sufficient or make alternative accommodations to entertain the defendant on bail.”

Clouden is prepared to take the matter to the court of appeal if it is not addressed. Grenada is among several Caribbean countries without Bail Acts, however, conditions for the granting of bail is outlined in the Criminal Procedure Code, Cap 72 sections 47-49 and the Juvenile Justice Act 24 of 2012.

NOW Grenada is not responsible for the opinions, statements or media content presented by contributors. In case of abuse, click here to report.
Tags: anselm cloudenbailcourt of appealcriminal procedure codecurlan campbelljuvenile justice actland papersurety
Next Post
RGPF Reports 77% detection for 2014

Police lay charges after social media video post

Comment on post Cancel reply

Please enter your valid email address.
Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

© NOW Grenada. All Rights Reserved. Published by Aqua Design Inc. | Terms of Use | Privacy Policy

No Result
View All Result
  • Front Page
  • Categories
    • General News
      • All
      • Agriculture & Fisheries
      • Arts & Culture
      • Business
      • Education
      • Environment
      • Health
      • History
      • Lifestyle
      • Law
      • Politics
      • Technology
      • Travel & Tourism
      • Weather
      • Youth
    • Sports
      • All
      • Athletics
      • Cricket
      • Football
      • Watersports
    • Community
      • All
      • Tribute
    • Crime
    • Features
      • All
      • Today in History
    • Opinion/Commentary
    • Press Releases
      • All
      • Advertisements
      • Notices
  • Video
  • Notices & Vacancies
  • Advertise
  • Contact Us

Copyright NOW Grenada

We are using cookies to give you the best experience on our website.

You can find out more about which cookies we are using or switch them off in settings. Visit our Privacy Policy | Terms of Use.

Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. Visit our Privacy Policy | Terms of Use.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.