Report No. 78

2. Present law, comparative position and questions for consideration

(3) An examination of the concept of bail1, the present law as to bail2, the various statutory time limits connected with the investigation or trial of offences3 and the issues that fall to be considered'4 shows that in formulating legislative policy in relation to release on bail, several conflicting considerations have to be balanced. It also shows that the problem of under-trial prisoners has to be dealt with on several fronts5.

(4) In England, there is now a presumption in favour of the right to bail for all offences. Further, a discretion is given to the Court to release a person without surety. There is no personal recognizance. A duty to surrender to custody is created, and its violation is made an offence. On release on bail, certain conditions can be imposed6.

1. Paras. 2.1 to 2.4.

2. Paras. 2.5 to 2.17.

3. Para. 2.6.

4. Paras. 2.20 to 2.25.

5. Para. 2.25.

6. Paras. 2.18 and 2.19.