Monday, February 24, 2020

Is Bail A Right Or A Privilege?



Is Bail A Right Or A Privilege?

The due process of law is founded on the principle of presumption of innocence. If this constitutional provision is to have any meaning then whoever is accused of a crime must be presumed to be innocent until he/she has proven or has pleaded guilty.

If this is the case then bail should be considered a right rather than a privilege. It means that what is reasonable and justifiable in a democratic society is to impose bail conditions that will ensure that the person accused will appear in court and that any none appearance would not lead to a miscarriage of justice.

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