What is discretionary bail?

Discretionary bail refers to the type of bail that is granted or denied at the discretion of the court, particularly after a defendant has been convicted. This means that it is not an automatic entitlement; rather, it depends on various factors that the judge considers, such as the nature of the crime, the defendant's criminal history, flight risk, and other relevant circumstances surrounding the case.

In contrast, other options describe different aspects of the bail process. Automatic bail is typically set based on predefined criteria, while bail availability to all defendants doesn’t take into account individual circumstances or the seriousness of the charges. Denial of bail if guilty reflects a specific outcome rather than a discretionary process. The essence of discretionary bail lies in the judicial system's evaluation of whether a defendant poses a risk if released, highlighting the balance between individual rights and the interests of justice.