What is the Principle of Restraint in the context of releasing an accused?

The Principle of Restraint emphasizes the importance of releasing an accused individual at the earliest opportunity, reflecting a foundational aspect of the justice system that prioritizes individual freedoms and the presumption of innocence. This principle is rooted in the idea that pre-trial detention should be avoided unless absolutely necessary. Therefore, when it is appropriate to release the accused, this principle advocates for doing so as soon as it is feasible, balancing the rights of the individual against the need for public safety and the integrity of the judicial process.

By adhering to this principle, the justice system aims to minimize the duration of detention, thereby preventing unnecessary impacts on the accused’s life, such as employment loss or family disruption. This approach fosters fairness and ensures that individuals are not penalized through prolonged detention before their case has been adjudicated.