Bail as the rule preserves personal liberty while courts exercise broad, fact specific discretion on release. Bail is the rule and jail the exception: its purpose is to secure the accused's attendance at trial rather than to punish. An accused presumed innocent has a right to freedom to prepare a defence, and personal liberty is a fundamental interest. Granting or refusing bail is a broad judicial discretion exercised on the facts of each case; factors must be assessed cumulatively and no single circumstance is universally determinative.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Bail as the rule preserves personal liberty while courts exercise broad, fact specific discretion on release.
Bail is the rule and jail the exception: its purpose is to secure the accused's attendance at trial rather than to punish. An accused presumed innocent has a right to freedom to prepare a defence, and personal liberty is a fundamental interest. Granting or refusing bail is a broad judicial discretion exercised on the facts of each case; factors must be assessed cumulatively and no single circumstance is universally determinative.
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