A 16-year-old boy on remand in prison has launched a constitutional challenge against the State, claiming the new Bail Act’s “exceptional circumstances” test for firearm offences keeps him locked up without clear legal grounds and breaches his rights.
The boy, who recently turned 16 and is currently on remand at Dodds on firearm charges he denies, is suing for damages, alleging the State has violated his right to personal liberty under Section 13 of the Constitution.
Through his mother and legal counsel Lalu Hanuman, the youth will have his day in court on Friday when High Court Justice Bryan Weekes is set to hear an urgent application on his behalf challenging the new Bail Act.
In his statement of claim, which names the Attorney General as the only defendant, the teen argues that he has been on remand since on or about December 1, 2025 for alleged firearm offences, although he has provided an alibi.
“Despite five bail hearings, bail has not been granted, as the new Bail Act of 2024 requires under Section 10, that ‘exceptional circumstances’ be provided before bail can be granted for an alleged firearm offence,” the statement of claim said.
“However, the said Act does not provide any definition as to what constitutes ‘exceptional circumstances.’ As a result, there is in effect a ‘glass barrier.’”
He acknowledged that failure to grant bail is no fault of the judge’s, who he noted sought to interpret both the letter and spirit of the law.
But, the claim said: “It is however submitted that the prerequisite requirement for the undefined ‘exceptional circumstances’ in the said act before bail is granted, is a violation of Article 13 (2)(3) of the Constitution.”
The claimant states that other jurisdictions have dealt with public concerns regarding bail by placing electronic tags on the ankles of the accused and releasing them on bail, so that their movements can be readily monitored, as was done in Barbados during the COVID-19 pandemic to visitors.
He is therefore asking the court to make a declaration: that there has been a breach of Section 13 (2)(3) of the Constitution, by the Bail Act imposing the undefined requirement for ‘exceptional circumstances’ before bail can be granted; and order vindicatory damages.
Under section 13, a person arrested or detained must be told promptly, in a language they understand, why they are being held and must be allowed, at their own expense, to hire and consult without delay a qualified attorney and to communicate privately with that lawyer. Those under 16 must also be given a reasonable opportunity to communicate with a parent or guardian.
The Constitution also provides that if arrested or detained to be brought before a court or on reasonable suspicion of a criminal offence, and not released, they must be brought before a court as soon as reasonably practicable. If not tried within a reasonable time, they must be released — unconditionally or on reasonable conditions to ensure court appearance — without prejudice to future proceedings.
(EJ)
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