The government is seeking to implement tougher crime measures, and Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte, has hinted that these measures could accompany the new Bail Act.
However, addressing a divisional conference in Bridgeport, Portmore, St. Catherine on the weekend, the PNP president said he supports the outcry that amending the Bail Act will not be a workable solution to crime.
Mr. Golding said the proposal goes against the Constitution, which "recognises that there is a right to bail because there's a presumption of innocence" until proven guilty.
Although the Constitution recognises the right to bail, Mr. Golding clarified that this does not mean it is automatically granted "because if the prosecution or the police can establish that there's a good reason why you shouldn't get bail, the judge won’t grant you bail".
While Mr. Golding acknowledged the crime issue the government says it is seeking to address, he argued that the solution should instead be to "make sure that the police and the prosecution are prepared when there's a bail application so the right information is before the judge and the judge can make the right decision".
He insisted the opposition will not stand by and allow the rights of Jamaicans to be taken away.
Prime Minister Andrew Holness has previously suggested that the concerns that the Bail Act and other legislative changes are meant to take away people's rights, are needless.
He said the changes proposed by the government will only apply in limited situations.
Champagnie
But senior attorney Peter Champagnie has also blasted the move to review the Bail Act, saying it suggests that judges have been derelict in their duties when considering bail.
Mr. Champagnie said the proposal is a knee-jerk response to the spate of crime, but he pointed out that in the majority of cases where bail is granted, reoffending does not occur.
Arguing that the government is "treating the symptoms and not the cause of the problem", the attorney suggested more focus should instead be placed on improving the working conditions and pay of law enforcement officers.
In addition, he said boosting evidence gathering capabilities should help to "make sure that cases, when they come before the court, the only option for persons who are really guilty is to plead guilty".
Mr. Champagnie said he is "offended" that judges are being blamed for not imposing harsher penalties, when that assertion is "really wrong".
