Why murder suspects are eligible for bail

How could two soldiers accused of a racially-motivated murder be given bail? The news that Lorin Scicluna and Francesco Fenech will be allowed bail may have shocked and surprised many. But Malta’s laws do not discriminate against people accused of heinous crimes such as murder and allows them to be granted bail, subject to a number of criteria. Law experts explained that anyone accused of any crime is eligible to be granted bail and that depriving someone of his or her liberty is the exception rather than the rule. Decades ago, Malta’s laws disallowed people accused of crimes that carried life imprisonment and crimes against the safety of the government from being granted bail. In certain jurisdictions, like Australia for example, people accused of murder are not allowed bail unless they can prove compelling circumstances, like a lengthy court delay. However, Australia’s legal system is different to Malta’s. After Malta’s old laws governing bail were declared unconstitutional, amendments were made to the legal provision and a number of criteria were included. The law now states: “The court may grant bail, only if, after taking into consideration all the circumstances of the...