There are volumes of legal and political arguments about the concept of bail, but where it all lands at ground level is in the B.C. Prosecution Service’s policy manual for Crown counsel.

The eight-page directive on bail, refreshed three weeks ago, illustrates how entrenched the preference — more like the legal requirement — is for releasing people on bail whenever possible.

It will have to be completely rewritten if the latest federal bid to restrict bail becomes law. That will amount to a big change in mindset.

The Criminal Code is federal law, but the provincial prosecution service administers it. B.C.’s 500 prosecutors are the key players in making the case to a judge on whether an accused person should be locked up.

The main point stressed in the policy — flowing from various Supreme Court of Canada decisions — is that “every person charged with an offence has the fundamental right to bail on reasonable terms and the right not to be denied reasonable bail without just cause.”

It is inextricably linked to the presumption of innocence. Canadian law not only recognizes that but also “presumes that an accused person will be granted bail.”

The policy........

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