I keep hearing about people in jail for 3+ years awaiting trial. If they’re ‘innocent until proven guilty’ I dont understand why they are confined. I thought there was a right to a speedy trial also or is that not really the case?
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I’m not sure how this works in other countries, but in my country, they can keep you in jail before the trial for three reasons:
1) There is a high risk that you will have an impact on the witnesses
2) There is a high risk that you will repeat the offense
3) There is a high risk that you will escape
So when you are in jail prior to the trial, it’s not because you are being punished, but it is to avert these risks. If some of the risks stop in the meantime, e.g. all the witnesses have been questioned and there is no longer a risk that you will influence them, then you will be released from prison until the trial starts.
If you are found guilty in the end, then the time you have spent in prison prior to the trial is deducted from your sentence. If you are found not guilty, then you receive a financial compensation for the time they kept you in jail.
And regarding the speedy trial, it all sounds nice in theory, but in practice it is often not possible to complete it so quickly.
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