Charges Dismissed After Defence Counsel Points Out That A Criminal Offence for Breach of Police Bail Does Not Exist

By Alric Lindsay

A man facing two charges in the Summary Court today, September 1, 2026, was told he was free to go after the Chief Magistrate agreed with Defence Counsel, Stacy-Ann Kelly, found that one of the charges brought by the Office of the Director of Public Prosecutions was not an offence known to Cayman law and that the other was not made out on the words alleged.

The man was before the court charged with insulting the modesty of a woman and with breach of police bail conditions.

Referring to the charge for breach of police bail conditions, Defence Counsel highlighted that “there is no such charge or offence of breach of police bail conditions.” “The police [have] the right that if there is a breach, to arrest,” she said, “but this section does not create an offence.”

DPP Crown counsel accepted the position. She told the court she agreed that the section relied on does not create an offence, and that the charge was therefore an error.

On the charge of insulting the modesty of a woman, DPP Crown counsel accepted that the words said to have been uttered did not satisfy the elements of the offence of insulting the modesty of a woman.

After hearing from the lawyers, the Chief Magistrate told the man that both charges were dismissed and he was free to go.