BVI News

Bail bonds for youngsters too high!

Attorney-at-law Daniel Fligelstone-Davies of Silk Legal

Local attorney and host of the Hot Seat talk show Daniel Fligelstone-Davies has called for bail reform in the BVI, stating that the bail bonds given to some youngsters are exorbitant and unjust.

Fligelstone-Davies explained that some youngsters who’ve committed offences are given bail bonds as much as $30,000 — something he said doesn’t make sense since most of these youngsters aren’t likely to deliberately miss their trial dates.

“Would you believe that magistrates in the Virgin Islands are offering bail of $30,000 and so forth to persons in the youth court. The point of bail is to ensure the person will come to court. But where is a 13-year-old young fellow or a 15-year-old young lady going to go, that justifies a bail of $30,000? They can’t really go anywhere without their parents so why does the justice system think it’s necessary to put a young person through [that] to ensure their attendance at court?” Fligelstone-Davies questioned.

He added that many youngsters aren’t a risk to the justice system because law enforcers know where to find them if they need to. “You know where to find them. If they’re not in court, they’re in school.”

The attorney also pointed out that persons over 65 aren’t allowed to bail others in the BVI. But he said this doesn’t make sense since older persons tend to be more financially secure than younger adults and would therefore be more financially fit to participate in bail procedures.

“It’s usually the persons who are 65 and older who don’t actually have mortgages on their houses and they’re usually not as indebted as younger persons, especially given the fact that they are setting the bail amounts in these ridiculous sums,” Fligelstone-Davies stated.

He compared the exorbitant sums charged in the BVI to those amounts charged in the United States, adding that bail amounts tend to be much lower although people in that country have greater opportunities to avoid returning to court.

“I’ve always found the concept of bail to be quite ridiculous to tell you the truth because if somebody is intent on absconding, there’s very little a surety can do to ensure the person comes (to court) if that’s what their intent is,” Fligelstone-Davies posited.

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10 Comments

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  1. Youth says:

    Daniel looks younger than the defendants in youth court!

    Like 10
    Dislike 1
  2. Salty Fish says:

    What do you mean “they can’t really go anywhere without their parents”? They are exactly in the situation they’re in right now because they did precisely just that because of absent or indifferent parenting!

    In this case, the parents are just as culpable as the kids too! Pay the damn bond money, that way hopefully you’ll both learn to be smarter in your decision making and actually be good parents, rather than letting your kids do whatever the hell they want because you look the other way or have other selfish priorities over and above your own family!

    Where is the shame in this Country?!

    Like 20
    Dislike 9
  3. ..... says:

    There is a constitutional right to the presumption of innocence, so your comment has no relevance. Many people are charged with many different things, and the DPP struggles to get even one convicted.

    Like 8
    Dislike 1
    • Anonymous says:

      The DPP should be obliged to spend the same amount of time in prison after a failed prosecution as the innocent defendant spent in prison on remand pending the trial.

      Like 1
      Dislike 3
  4. Common sense says:

    He makes some very good points, the whole point of bail is to ensure the accused attends court, where can these kids run to.

    Like 6
    Dislike 6
  5. Badness it name says:

    While I understand the rationale behind setting bail based on age, relying solely on this factor can lead to unfair outcomes. Minors, although unable to abscond independently, may have family or other support systems that could facilitate their escape if the bail amount is deemed insignificant. A more comprehensive approach is needed, one that considers the severity of the alleged offense, the individual’s criminal history, and their ties to the community. By evaluating these factors, we can better assess the risk of flight and the potential danger to the community. Basing bail solely on age oversimplifies the complexities of each case and may result in unjust outcomes. It is crucial to strike a balance between ensuring the defendant’s appearance in court and upholding the principles of justice and individual circumstances.

    Like 10
  6. EVERYTHING says:

    In the BVI is over-priced

    Like 1
    Dislike 1
  7. You Know says:

    The majority of this demographic could go updeislun to their kinfolks for certain,or to the US or UK.
    Please please Davies,stop the bovine excretion.
    Thought you were a light in the VI darkness.

    Like 5
    Dislike 1
  8. Lodger says:

    Admin, cant you find a better photo? He looks, and sounds, like a schoolboy,, and is unlikely to be taken seriously.

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