The Law is Often Misunderstood by the Public
The law is often misunderstood by the general public. Courts operate strictly within the legal framework. However, the public often desires court rulings to align with their personal expectations.
It is in this context that concepts like arrest, remand, and bail are frequently misunderstood.
The Process of Arrest
When a criminal charge is brought against a person, if there is sufficient evidence or reasonable grounds, the police will arrest the suspect and produce them before a court.
Arrests are conducted in two ways:
- Arrest with a Warrant: For some offences, a warrant must be obtained from a court before an arrest can be made.
- Arrest without a Warrant: For serious crimes like murder, terrorism, or drug trafficking, a suspect can be arrested without a warrant as permitted by law.
Typically, after an arrest, the suspect must be produced before a Magistrate within 24 hours.
The Purpose of Remand
Following this, a suspect may either be released on bail or placed on remand.
Generally, a suspect is placed on remand for the following reasons:
- To proceed with the investigation without obstruction.
- To prevent the suspect from tampering with or intimidating witnesses.
- To ensure public safety if the suspect is considered a threat to society.
- To ensure court attendance and prevent the accused from absconding before trial.
However, as detaining a person before they are proven guilty is generally considered unjust, a suspect is placed on remand only for a “necessary period” and only if justifiable grounds are shown.
A person placed on remand in this manner can seek to be released on bail.
The Principle of Bail
Bail is a procedure to temporarily release a suspect from custody. The bail law in our country states that “granting bail to a suspect should be the rule/a right, and the refusal of bail should be the exception.” This means that bail should be granted whenever possible.
Regarding bail, offences can be categorized into two types:
- Bailable Offences: In these cases, the suspect has a right to bail. Therefore, bail is usually granted in such instances. (In rare circumstances, the court may refuse bail, but it must provide adequate reasons for the denial.)
- Non-Bailable Offences: Even in these cases, suspects can apply for bail. The court has the discretion to grant or refuse bail. (The court is not obligated to state its reasons).
Often, individuals placed on remand to aid the investigation or to prevent witness intimidation are released on bail after a short period.
A Common Misconception
Unfortunately, if a suspect is released on bail, some people assume that the court or government supports them. This is a misunderstanding.
Granting bail simply means the suspect is allowed to remain free until their trial is concluded. It does not mean the suspect has been fully acquitted; they must still appear in court until the case is over. If they are found guilty, they will be sentenced accordingly.
Conclusion: The Balance of Justice
The court’s duty is not only to punish the guilty but also to ensure the innocent are not unjustly punished. Therefore, the law is designed to maintain a balance, protecting both the rights of the accused and the interests of society.
Building trust in the judiciary requires a proper understanding of these legal fundamentals.