Distinction of Grounds For Bail From Grounds for Arrest

Reasonable suspicion of guilt justifies the arrest and initial detention but it will not justify continued detention. Article 6 (2) requires that everyone shall be Presumed innocent until proved guilty according to law and this presumption means that the grounds for refusing bail must be strictly considered, all relevant matters should be considered and the grounds for refusing bail should be independent of the grounds for reasonable suspicion (Lettelier v France (1991) 14 E.H.R.R. 83). Thus the seriousness of the offence or the weight of the suspicion on which arrest was based, does not of itself justify bail. The grounds on which bail is refused must be real and sufficient, much more than a mere hunch. The burden of proof is on the prosecution.