In Gault v United Kingdom, the European Court of Human Rights held that the detention of Ms Lesley Gault pending re-trial violated art 5(1)(c) of the European Convention on Human Rights. Relevantly, the Court held that, pursuant to art 5(1)(c), the proximity or imminence of a trial does not justify pre-trial detention that would not otherwise be permitted at law. Additionally, while suspicion of guilt is a prerequisite to detention, it is not of itself a relevant or sufficient reason to refuse bail.
Detailed case note.
Found in 17. Remand/Bail, 2007, European Court of Human Rights, International, s21 - Rights to Liberty and Security of Person, Select International and Comparative Caselaw
