DETENTION OR RELEASE? General Principle: “It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees...” (ICCPR, article 9 (3)) Questions: 1. What are reasonable grounds to believe the person has committed the offence? 2. Would the deprivation of liberty be disproportionate to the alleged offence and expected sentence? 3. Is there a danger that the suspect will abscond? 4. Is there a danger to the suspect if released? 5. Is there a significant danger that the suspect will commit further offences? 6. Is there a danger of serious interference with the course of justice if the suspect is released? 7. Would bail or release on condition be sufficient? Considerations for Questions 3, 5, 6 and 7: ● ● ● ● nature of the offence community ties social circumstances likely penalty seriousness of the offence strength of the evidence personal circumstances conduct of the suspect ● ● ● ● OHCHR Police Trainer’s Guide Session 6 (Arrest)/4 75