What the Law Says About Bail

Title: What the Law Says About Bail

Content: The case of Muzammil Hossenboccus, a 30-year-old who tragically died on November 8, 2025, in Camp-Levieux due to a hit-and-run accident, has raised serious questions regarding the initial release of the driver involved. To clarify the legal procedures, lawyer Veeneshwary Choytun, better known as Me Snehta Choytun, explains what the law allows.

According to the lawyer, the principle is straightforward: "Freedom is the rule, and detention is the exception." The Constitution guarantees this right but strictly regulates the conditions under which the police can detain individuals.

Bail can only be granted when it is materially impossible to present a suspect before a magistrate, such as during the night, on weekends, or on public holidays. However, Me Choytun emphasizes that this power must be exercised with caution, especially in cases of fatal accidents. "Bail is not appropriate when aggravating circumstances are present, such as alcohol, drugs, lack of a license, or fleeing the scene. In these situations, the justice system must act swiftly," she highlights.

The lawyer reminds us that the law explicitly outlines the scenarios in which the police must deny bail: risk of flight, interference with witnesses, committing further offenses, or danger to the suspect themselves. "Denying bail is not an emotional choice; it is a legal obligation," she insists.

She also differentiates between bail and release on surety. The former is solely decided by the police, while the latter requires the input of the Director of Public Prosecutions (DPP). "The DPP must be adequately informed to provide a reliable opinion. Incomplete information skews the entire assessment," explains Me Choytun.

She warns against the risks of premature release in serious cases, which can compromise investigations, undermine public trust, and create a perception of negligence. She cites the example of the United Kingdom, where poorly calibrated reforms had reduced judicial oversight before being corrected after the Richardson case.

Finally, Me Choytun reminds us that the law provides for a procedure if new evidence arises after bail has been granted: re-arrest, new provisional charges, and immediate presentation before a magistrate. "The system allows for rectification, but it must be done properly and with respect for rights," she concludes.