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15. General principles of securing an accused person
 
  Article 93-Holding persons until trial  
93.1 Holding persons until trial  
  A founding principle of fair and just law is that people are innocent until proven guilty, or admit guilt. Imprisonment itself is a form of punishment as well as a means of ensuring an accused person is secure for their next hearing.  
  However, the use of imprisonment as a way of enforcing the likely return of an individual to court, rather than as their word is an inferior course of action and subjects any justice system to the accusation of unfairness as potentially innocent people may find themselves imprisoned unjustly.  
  Therefore, imprisonment of persons indicted for offenses should be seen as an act of last resort rather than first resort. Military Magistrates and judges should always look to alternatives to the forced remand of accused persons to reduce the likelihood of innocent people being imprisoned unfairly.  
  At the same time, strict policies of remand shall be in placed to ensure repeat offenders are dangerous accused persons are not permitted to be free at the risk of further offence or harm.  
93.2 Holding persons until trial  
  There are four principle reasons why a person may be held over until arraignment and/or trial:  
  (1) They are charged with an offence which does not permit bail or a prisoner of combat or non combat;  
  (2) They have an active military offence record and a risk exists that they might re-offend;  
  (3) That they are a flight risk (fugitive from justice);  
  (4) That they have previously breached conditioal release conditions on more than three occasions for a level 4 or above offence;  
  For items (2), (3) and (4), a magistrate/Judge has some discretion as to debate the merits of these points, however for item (1), a person must be formally refused conditional release.  
93.3 Offences where bail must be formally refused  
  Where a person is charged with a level 6 offence, conditional release must be formally refused.  
  Also, where a person is charged with a violent and/or sexually depraved offence of level 4 or 5 and have a current military offence record, bail must be formally refused.  
     
     
 
 

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