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Purpose Of Bail - 1

The principle of bail is basic to our system of justice and its practice as old as English law itself. When the administration of criminal justice was in its infancy, arrest for serious crime meant imprisonment without preliminary hearing and long periods of time could occur between apprehension and the arrival of the King's Justices to hold court. It was therefore a matter of utmost importance to a person under arrest to be able to obtain a provisional release from custody until his case was called. This was also the desideratum of the medieval sheriff, the representative of the Crown in criminal matters, who wore many hats inclduing that of bailing officer. He preferred the conditional release of persons under arrest to their imprisonment for several reasons: it was less costly and troublesome; the jails were easy to breach and under then existing law the jailer was hanged if a prisoner escaped; the jails were dangerous to health, and as there was no provision for adequate food, many prisoners perished before trial was held.


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