John Rawl Theory

According to theorist John Rawls’s theory of justice, the “first principle” of justice involves the priority of liberty, and the first part of the “second principle” involves process fairness, through demanding that “positions and offices be open to all.” Every human should be afforded access to justice irrespective of social status, race or religion. The main aim of human rights is to preserve human worth and dignity and one should be allowed the right to a court proceeding ,legal representation and even the right to a bail application. A person’s fundamental freedoms are compatible with the Human Rights Act (1998). Bail is an important pre-trial matter and may be defined as the release of a person subject to a duty to surrender to custody

However, it seems the roles have changed with respect to the granting of extensive powers to the police to impose bail conditions, which would mean they have the ability to control persons who are not charged for extended periods of time. This can cause possible infringement of rights and possible a false imprisonment claim. Both the police and the courts must therefore interpret the Bail Act 1976 and other legislation relevant to bail in a way which is compatible with the convention. Paragraph 3 of Parts I and II of Schedule 1 to the Bail Act (1976) permit courts to refuse bail if the court is satisfied that the defendant should be kept in custody for his own protection. This would assist in keeping the defendant out of harms way and prevent him from repeating a

It also impacts on ones right to freedom and the main aim of human rights in general is to preserve a person worth and dignity not just locally but intentionally. Several protocols and institutions have been implemented to ensure there is no abuse of human rights and fairness within the criminal justice system. The right to bail may have a serious impact on ones family life being that the defendant may have small children or may be the bread winner in the home. By denying bail in circumstances where the alleged crime may be lesser may cause infringement ones right to private and family life. On may argue that they are being denied the right to give their family specifically children economic, emotional and physical support. It is never the aim of the courts or justice system to have a negative impact on the institution of family and also a person is usually innocent until proven guilty so it is on a balance of