Weak cases put would-be killers back on streets: experts

“It is difficult to get bail for these. If you’re already released on bail before it’s very difficult to get bail for a second case. There is a presumption of innocence till proven guilty if not convicted.”

“In courts you’ve got the law and criminal procedure act but not the actual dealing of cases by police. Police don’t present strong enough cases. There are many cases of people [being] released on bail because cases aren’t investigated properly. The law has sufficient guarantees, if it's applied correctly in practice in court to prevent people from not getting bail who shouldn’t,” Booth said.

She said as a result the criteria for the granting of bail have become stricter and it may be extremely difficult for a person accused of a serious crime to be granted bail. “The weakness is that applying and granting of bail depends on the discretion of the presiding officer and if an accused person can show that he/she is not a flight risk, not a danger to community members, he/she may be granted bail.”

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