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 ... Summary
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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