2.1 These Bail and Bond Policy Guidelines are to guide police and judicial officers in the application of laws that provide for bail and bond. Accordingly, these Policy Guidelines are not intended to fetter the discretion of police officers and judicial officers in bail and bond decision-making.
2.2 In particular, these Bail and Bond Policy Guidelines seek to:
- Ensure that bail and bond decision-making process complies with the requirements of the Constitution.
- Guide bail and bond decision-making by police and judicial officers.
- Balance the rights of the suspects and accused persons with the public interest, including the rights of victims.
- Streamline and address disparities in bail and bond decision-making, with a view to enabling fair administration of bail and bond measures.
- Facilitate effective inter-agency cooperation and coordination in bail and bond administration.
- Enhance conformity with the internationally agreed minimum standards for arrested persons and persons held in detention.
- Address the over-use of pre-trial detention.
- Safeguard the interests of victims of crimes in bail decision-making.
- Facilitate the effective supervision of accused persons granted bail.