People often get angry when they read news articles from people accused of serious crimes and then released on bail. In this article, we look at the factors that should be taken into account when the courts have to decide whether or not someone can be left out on bail. This will enable us to better understand why someone is being released on bail or not.
A bail bond is used for insurance so that the person accused of crimes will attend all of the required court hearings regarding their case once they are released from jail, get it from here.
According to Article 35 (1) (f) of the Constitution , anyone arrested has the right to be released in the interest of justice permits, subject to reasonable conditions. This provision states that the law cannot arbitrarily remove freedom from an innocent person, but it is recognized that in certain circumstances it may be in the interest of justice to remove or restrict this freedom.
Where there is a likelihood that the release of the accused will disturb public order or public peace or security
In considering the question of whether the above grounds have been instituted in (a) to (e), various factors set out in Articles 5-9 of the Criminal Procedure Act are taken into account which includes:
The court decides whether the accused should be released on bail by balancing the interest of justice against the right of the accused’s personal freedom and the detriment he or she is likely to suffer if he or she is detained, taking into account, among other things, the period that the accused has already been arrested; the probable period of detention until the end of the trial, if the accused is not released on bail; the reason for any delay in the trial and any debt on the part of the accused; any impediment to the preparation of the accused’s defense due to the detention of the accused; and the accused’s state of health.
When the Court handles Schedule 5 and 6 offenses, the accused must be detained unless the accused can convince the court that it is in the interest of justice or that exceptional circumstances exist that allow his or her release.
From this article we can see that the court has to weigh many factors against each other and although we do not always understand why accused have been released on bail, every person will want a fair bail application if they find themselves in the same position.