How can the concept of bail evolve in our law?

Abstract

Detaining an accused pending trial can mean detaining an innocent person, while on the other hand, releasing such accused person prior to trial can mean the hindering of justice, or the confrontation of witnesses, amongst other risks and therefore, and therefore runs the risk of being labelled an inefficient justice system. The pretrial decision burdens those who are bound to make it as it is no easy task but it shall be borne in mind that just as any other person, an accused person shall be safeguarded with fundamental rights and principles. In order to release an accused certain criteria have to be satisfied and such release is also subject to conditions, one of which is bail. Failing to abide by such conditions will result in negative consequences. Different countries regulate bail differently, but behind every system of bail, the legislator has one thing in mind; the protection of the public from any danger while also safeguarding the rights of the accused persons. For these reasons, the concept of bail is constantly evolving.