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This is not a new problem. Alexis de Tocqueville wrote in "Democracy in America" in 1835: "It is evident that such a legislation is hostile to the poor and favorable only to the rich. The poor man has not always security to produce, even in a civil case; and if he is obliged to wait for justice in prison, he is speedily reduced to distress. A wealthy person, on the contrary, always escapes imprisonment in civil cases; nay, more, if he has committed a crime, he may readily elude punishment by breaking his bail. Thus all the penalties of the law are, for him, reduced to fines. Nothing can be more aristocratic than this system of legislation. Yet in America it is the poor who make the law, and they usually reserve the greatest advantages of society to themselves. The explanation of the phenomenon is to be found in England; the laws of which I speak are English, and the Americans have retained them, although repugnant to the general tenor of their legislation and the mass of their ideas." |
The UK has no concept of "cash bail", either you may go free, or you are a danger or flight risk and so you're held in jail by the state on its dime to avoid that.
The court can set fairly broad rules for bail, it just doesn't [this used to say "can't" but see the example below which proves that they actually can] ask for cash, e.g. "You must give us your passports and other travel documents so that you can't fly" or "You mustn't go near Jimmy who says you assaulted him" or even "You must go see the police once per week between now and your court date". If you break any of the rules, then you may stop qualifying for bail and get sent to prison until trial.