GA, draft, bail conditions protocol

[Simone]

[box]The World Assembly (WA),

Noting that the right to a fair trial and due process have been long-standing matters of interest to the esteemed assembly;

Recognizing that no regulations govern bail arrangements, especially excessive cash bail that discriminates against the poor;

1. Hererby defines:
   
   • “Bail” to mean the pledge of either items of monetary value and/or conduct of the suspect in return for releasing a suspect from custody prior to a hearing, which may be forfeited if a suspect fails to return to court for a hearing;
   • “Charges” to mean any felony offences for which a suspect has been charged with committing;
   • “Court” means a court adjudicating on criminal matters pursuant to the constitution (codified or otherwise) of the WA state where the suspect is facing the charges;
   • “Hearing” means a court hearing, including pre-trial proceedings, trials, and appeals;
   • “Suspect” means any individual facing charges, and/or who has been convicted but has not exhausted all appeals, according to the judicial process of a WA state;
2. Hereby requires:
   • No suspect may be denied bail by a court unless the suspect is found to have a prima facie case to answer and/or is indicted (as the case maybe) and in addition satisfies at least one of the conditions specified in clause (2)(a)(i) and/or (2)(a)(ii):
     • The suspect is deemed by WA resolutions and/or the court to be:
       1. hostis humani generis; and/or
       2. at extreme risk of absconding;
       3. at extreme risk of endangering the safety or welfare of any member of the public, including anyone perceived to have been harmed by the suspect under the terms of the applicable charges;
       4. at extreme risk of self-harm, as verified by at least two competent and independent professionals appointed by the court;
     • The suspect has a track record of:
       1. repeatedly failing to meet all conditions of bail determined by a court;
       2. attempt(s) to (or convicted of the offences of) interfering with witnesses or otherwise obstructing the course of justice;
3. Hereby grants discretion to a court to set the conditions of bail, including:
   • Pledge of items of monetary value such as cash, indemnities and/or physical property of value (hereafter, for convenience, “cash bail”) and/or
   • Conduct of the suspect, such as (merely as examples):
     • Reporting to legal enforcement officers (such as to police stations) on a regular basis;
     • Residing at a particular address within that WA state;
     • Restrictions on movements, such as curfews, travel to distant areas or travel to particular locations)
     • Not contacting specified persons, such as the alleged victims under the charges;
     • Surrendering all passports heled by the suspect;
     • Attending rehabilitation programs for addiction of recreational or prescription drugs;
   • If cash bail is imposed:
     • Excessive bail shall never be required;
     • Bail shall be calculated to take into account the financial circumstances of the suspect which shall be:
       1. sufficient to deter the suspect from absconding; and
       2. plausible for the suspect to raise the funds necessary but short of financial ruin in the event the suspect is found not guilty of the charges; and
       3. not exceeding the maximum penalty and/or restitution required if the suspect is convicted and all appeals exhausted;
     • If the WA state permits bail funds to be raised via commercial means, a court should make the suspect aware of the cheapest means to raise such funds, such as through non-profit organizations;
     • If the suspect is a citizen of another WA state, a court should make the suspect aware of the potential for the other WA state to provide a guarantee and/or funds in lieu of cash bail, at the discretion of that other WA state;
4. Hereby deems it an offence for anyone:
   • In a capacity as law enforcement officer or as a prosecutor to offer bail conditions as part of a plea-bargain agreement;
   • To coerce or entice a suspect into declining to apply for bail;
5. Hereby clarifies that:
   • Nothing in this resolution prohibits a suspect from voluntarily (and not coerced into) declining to apply for bail for any reason.
   • The judiciary of the relevant WA state is responsible for interpretation of this resolution.

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