Under Costa Rica’s Criminal Code, a judge must review bail decisions every 3 months an accused is in custody. Similar rules exist in El Salvador, Paraguay, Venezuela and the Dominican Republic.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
This law sets the following framework of time limits: 56 days for “summary trials” (these are for less serious offences); and 182 days for “indictable offences” sent to the Crown Court (these are more serious offences). When the relevant custody time limit expires, the accused must be released on bail.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
A man’s trial was delayed so much that he had already served more time than the maximum sentence related to the alleged crime. The Victorian Supreme Court found imposing such a sentence would breach his right to liberty.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
An individual had been charged with sixteen or more burglaries and was not released on bail because it was feared that he would re-offend if released. He ended up being held in pre-trial detention for 2 years. The European Court ruled that he had been denied a “trial within a reasonable time” in violation of article […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
The Gambian Supreme Court ruled that to determine what is “reasonable time”, the Court should be guided by the following factors: The length of the delay; The reasons given by the prosecution to justify the delay; The consequences for the delay; and The responsibility of the accused for asserting his or her rights.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
Fillastre was charged in 1987 for offences punishable by imprisonment of one to five years. His proceedings were delayed, partly due to the judge’s desire to gather further evidence, and he was expected to be tried in 1991. First, the UNHRC held that “what constitutes ‘reasonable time’ is a matter of assessment for each particular […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
(5) If any person arrested or detained is not tried within a reasonable time, then without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure that he or she appears at […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
A Moldovan businessman was arrested because the police had “reasonable suspicion” he committed fraud. He was denied bail and held in custody for 10 months, before the investigation was ended. This was justified in Moldovan law, which allows people to be held in detention as long as there is a reasonable suspicion they committed a […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
In South Africa, you may appeal a decision to refuse you bail and a bail decision that imposes particularly onerous conditions on you. This must be made on the basis of the same facts as the original application.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
An Indian court found that the principle of res judicata (i.e. the rule that the same case cannot be heard twice) does not apply to bail application. For that reason, the accused could make a second application to the same court without any new evidence.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
