Bail Pending Trial: Why Do We Cage the Presumed Innocent?

de facto punishment for persons arrested and charged. The burden still lies on the accused person to justify why he deserves bail. This defeats the presumption of innocence. Drawing on comparative models from the UK Bail Act 1976, the Kenyan Constitution and the Seychelles Constitution, they argue that the presumption of innocence is not a mere principle, but a right that must include a presumption in favour of bail. It proposes a statutory presumption in favour of bail, shifting the burden to the Republic to demonstrate substantial grounds for detention.