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Attorney Bert Samuels is wary of the government's plan to deny bail to persons charged for murder and gun crimes, saying it removes the presumption of innocence.
A new Bail Act is to be tabled soon and Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte, has hinted it will exclude those persons from getting bail.
But Mr. Samuels has said he is very concerned the government is overstepping since the "basis of our democracy" is the presumption of innocence.
He argued, for instance, that a man charged with murder and for whose case no witness has turned up, would be "virtually serving a sentence" if he is denied bail and has to spend years in jail before being released.
Attorney Clyde Williams has also taken issue with the plan, arguing that it is misleading to suggest that judges that "just willy nilly" support defence lawyers in securing bail for their clients.
He also pointed to the fact that prosecutors can appeal decisions to grant bail if they believe it was improperly granted.
Mr. Williams and Mr. Samuels were speaking Tuesday evening on Radio Jamaica's Beyond the Headlines.
Data guiding decision
Mrs Malahoo Forte has said data is guiding the decision to revise the Bail Act.
She said information to include the number of persons charged with a crime, who re-offend while on bail, as well as the alleged crimes committed are being disaggregated by the police.
The minister insisted she took no issue with anyone, particularly lawyers who say "decisions must be guided by appropriate, verifiable data".
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