Dear All
Prior to 1997 when the Bail Act was passed there was a clear distinction between bailable and Non bailable offences. Bail in bailable cases was granted as a matter of right. McLean v Appan 2 NLR.
In Non bailable cases Judicial Discretion was exercised. R v Toussaint 12 NLR and Q v Liyanage 65 NLR.
Special instances such as Poisons Opium and Dangerous Drugs Ordinance Offensive Weapons had special provisions dealing with bail.
The purpose of the Bail Act of 1997 was to adopt a more liberal approach on bail. The Rule is the grant of Bail and refusal the exception.
However in my view this ruled followed more in breach today. The prisons are inundated with prisoners.
In the past the rule was that personal liberty should not be denied unless there are cogent reasons. In Re Athurupana 51 NLR.
20 years after the passing of the Bail Act several areas remain unsolved.
I would very humbly request you to embark upon a discussion on the following lines.
1. Should the Bail Act be amended ?
2. Has the Bail Act achieved it s objective?
3. Should remand be treated as a punishment ?
4. Should Section 14 of the Bail Act be reconsidered ?
5. Should the existence of a B Report deny the rights of a Petitioner in an anticipatory bail application ?
6. Should we revert to Section 115 and 403 position that existed prior to the Bail Act ?
7. Should there be a maximum period of remand applicable in serious offences for which the Bail Act applies ? Earlier if the proceedings were not instituted within 3 months Bail was granted even in cases like murder.
8. Should not it be the responsibility of the State to satisfy Court in the event it needs the person in detention beyond the maximum period ?
9. What is your view on exceptional circumstances in bail pending Appeal cases ?
10. Does section 8 of the Public Property Act which requires Exceptional Circumstances introduce a seperate mechanism or is it a mere condition ?
11. Should the limit of Rs.25000/- in the PP Act be increased ?
12. How should the Court assessment medical grounds urged ?
13. What is your view of the recent CA Judgment which states that an application for Bail which is submitted by the wife of the suspect cannot be entertained?
14. Should Section 404 of the Criminal Procedure Code be adopted more often ? This section has become redundant after the Judgment of Thilanga Sumathipala v AG 2006 1 SLR
15. Should we revisit the Ravi Karunanayake v AG SC Judgment ?
PLEASE RESPECT THE JUDGMENTS AND ONLY STATE A CONSTRUCTIVE CRITICISM
Kalinga Indatissa
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