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.
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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.
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Data type: Legal citations,
Legal Topic: Detention,
This webpage by the South African government provides information for beginners on what bail is and how to apply for it. It’s a good place to start your research if you’re in South Africa.
Content type: Resource Bank
Data type: Legal references,
Legal Topic: Detention,
The ECtHR found that there was a violation of the right to liberty when the amount of bail money the accused had to pay was set too high and had not taken into account whether the accused would be able to pay.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
Mr Piruzyan was held in detention without bail for one year and two months when he was released due to a lack of evidence. Mr P’s detention was not based on a court decision and guarantees under Armenian law had not been followed. For this reason, there was a clear violation of the right to […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
(3) The Court may impose any condition which the Court considers necessary – (a) in order to ensure that such person shall attend court; or (b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
