Bail
Unlike many other jurisdictions granting a constitutional right to bail,[citation needed] in Canada the accused may be denied bail because the public confidence in the administration of justice may be disturbed by letting the individual go free pending the completion of the trial or passing of sentence (Criminal Code, s. 515 (10)(c)).
[10] Instead of remand, a court in the Czech Republic may decide to accept: Bail can be considered when a charged person is held because of concern of possible escape or of a continuation of criminal activity.
Bail is also excluded in case of 31 specified serious crimes (e.g. murder, grievous bodily harm, rape, robbery, public endangerment, etc.)
[21] The court may decide to rescind the bail if the charged person[22] The court holds out on bail as long as the reasons for custody remain (which includes pending of the charges), and in case of conviction until the convict starts serving prison sentence, reimburses the criminal proceedings and/or pays court-ordered fine.
In the case of Greenland, this decision may be deviated from by law, insofar as it must be seen as required by spatial circumstances.The possibility is further established in Retsplejeloven (the law relating to the administration of justice) § 765: If the requirements for the use of pre-trial detention are present, but the purpose of the detention may be achieved by less invasive measures, the court, with the consent of the charged, makes a decision about a substitute for pre-trial detention.Part 2.
[25] In France, bail may be ordered by the examining magistrate or the judge of freedoms and detention within the framework of judicial control in French law[26] (before the trial).
More importantly, it prevents the State from successfully employing its vast resources to cause greater damage to an un-convicted accused than he/she can inflict on society.
While considering bail applications of the accused, courts are required to balance considerations of personal liberty with public interest.
[27] The Supreme Court has laid down in its judgements, Personal liberty, deprived when bail is refused, is too precious a value of our constitutional system recognized under Article 21 that the crucial power to negate it is a great trust exercisable, not casually but judicially, with lively concern for the cost to the individual and community.
After all, the personal liberty of an accused or convict is fundamental, suffering lawful eclipse only in terms of procedure established by law.The courts have also held that foreign nationals cannot be deprived of the right to seek bail.
The Delhi High Court observed, Law does not permit any differentiation between Indian Nationals and Foreign citizens in the matter of granting bail.
What is permissible is that, considering the facts and circumstances of each case, the court can impose different conditions which are necessary to ensure that the accused will be available for facing the trial.
The Supreme Court of India has delivered several cases wherein it has reiterated that the basic rule is – bail and not jail.
One such instance came in State of Rajasthan, Jaipur v. Balchand alias Baliay which the Supreme Court decided on 20 September 1977, and held that the basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court.
had observed that when considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with the court.
Taking into consideration the facts of the case the apex court held that the circumstances and the social milieu do not militate against the petitioner being granted bail.
[29] When a person accused of a crime is arrested, his statement is recorded and information such as the name, residence address, birthplace, charges filed are noted.
In the case of bailable offences, if the accused produces proper surety, and fulfils other conditions, it is binding upon the Investigating officer to grant bail.
Some conditions that the court may place while granting bail are to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or to ensure that such person shall not commit an offence similar to the offence of which they are accused or of the commission of which they are suspected, or otherwise in the interests of justice.
[30] In the Republic of Ireland, bail (Irish: bannaí, from Old Norse band, "binding") is when a person enters a written bond (recognisance), committing to appear before the court to answer the charges made against them.
They promise to pay a sum of money to the court if the prisoner does not appear as agreed; however, commercial bail bonding as in the U.S. is illegal.
[32][33] There are three kinds of bail: In People (AG) v O'Callaghan (1966), the Irish Supreme Court had ruled that the provisions of Article 40.4 of the Irish Constitution, which guarantees personal liberty and the principle of habeas corpus, meant that an individual charged with a crime could only be refused bail if they were likely to flee or to interfere with witnesses or evidence.
The Sixteenth Amendment of the Constitution of Ireland, approved by referendum in 1996, provided that a court could refuse bail to a suspect where it feared that while at liberty they would commit a serious criminal offence.
The Bail Act also nullified the recognizance system, removing the requirement of paying a specific amount of money and instead arresting defendants for failing to surrender.
[49] What constitutes "excessive" is a matter of judicial discretion, and bail can be denied if the judge feels that it will not aid in forcing the accused back to trial.
[51] A common criticism of bail in the United States is that a suspect's likelihood of being released is significantly affected by their economic status[52] and systemic racial bias.
