Finding the ideal means test with regards to bail under the Maltese Courts : a comparative analysis

Abstract

The right to liberty and freedom lead to the granting of pre-trial release in accordance with bail. Nonetheless, the right to bail is not absolute, it depends on the circumstances of the case. If there are evidence-based fears of absconding, of influencing the administration of justice, recidivism and so on the court may deny bail to safeguard the victim and the public. However, it is not a valid reason to detain an individual, who in the eyes of the law and according to the presumption of innocence is innocent until proven guilty, simply on their economic and social standing. Therefore, it is paramount that a means test be established in order to limit the amounts requested by the courts for bail in proportionality with the gravity of the offence thus, the administration of justice, and the assets of the accused. It is through such a means test that different social and economic standing may be eliminated within the concept of bail and that it becomes a duty to take into consideration the means of the accused.