2015 Bail Review: Striking The Right Balance

One of the more interesting legal developments to look forward to this year is a review of the bail framework. This was announced recently by Law Minister K. Shanmugam in the wake of the Sydney hostage-taking on Dec 15 last year.

Far from being a knee-jerk reaction to a one-off event, the review should be seen in the light of an earlier statement by Second Minister for Home Affairs S. Iswaran in July 2012 that the bail framework is reviewed regularly and is an ongoing process.

The last time the bail framework was tweaked was in January 2012, when Parliament passed the Statutes (Miscellaneous Amendments) Bill prescribing that no bail would be granted when a person is charged with an offence punishable with death or imprisonment for life.

The recent announcement of a review by the Ministry of Law provides a ripe opportunity for a more comprehensive re-look at the entire system of bail.

In the media and academic writings, less ink has been spilled on the question of bail, compared with issues such as sentencing and the trial process.

The paucity of literature is a pity, because every person who is being investigated and/or charged with a criminal offence will invariably have to grapple with the issue of whether or not bail is offered and, if so, in what amount.

At the heart of any comprehensive review must be an attempt to strike the best balance between the rights of an accused, who is innocent until proven guilty, and the state’s interest in securing the accused person’s attendance in court.

Additionally, there is a public interest in ensuring that any potential injury to the public, from the possibility that potentially dangerous individuals are set loose upon the public, is minimised. Click here