3.2 Interim Bail

The Courts and Judiciary of the victorian times were stern like today but had a poor system. The Magistrate decided what to do to the accused. If the Magistrate felt there was no case to answer, he could discharge the suspect. If the case was minor, the Magistrate could have the offence ‘summarily’ tried before two other

Howard Morton addresses the issue around street checks used across Canada, which is also known as “carding”. In his article “Investigative Detention and Street Checks” Morton defines the street checks as “an interaction between police officers and members of the public that is generally not related to a specific criminal investigation. However, there have been controversies around this topic since it is “view by many as racial profiling or racist policing” (Morton, 2015).

Prior to 28th January 2015, bail laws posed significant loopholes in the system and are deemed to be ineffective to achieve justice. Accused offenders may get away with bail based with evidence in the case if it does not seem to pose a threat to the community. The problem persists within the conditions set for their bail, as responsibility lies upon the magistrate or police to impose appropriate conditions. However, though conditions do vary, it possesses a significant risk if the conditions enforced were not strict enough, opening vulnerabilities for the accused to commit another crime, slipping through their enforced conditions.

The warrant can be issued under section 1 of the magistrates courts act (1980) and must contain the name of the suspect and the offence they are alleged to have committed. The decision to issue a warrant rests soley with the magistrate.

Dr. Martin Luther King Jr. was the leader of the Civil Rights Movement. The Civil Rights Movement was a time in which African Americans were setting out to end segregation, specifically in the south. During this time period, African Americans were treated unequally from the white people. African Americans were unable to eat in the same restaurants, shop in the same stores, or even drink out of the same drinking fountain. Dr.

The provisional injunction is given based on emergency criterias. It is used to maintain the status quo. The provisional injunction is valid for 10 days. Within these 10 days, the individual has to

It’s at this time a bail application may be considered. Bail in the criminal justice system is also heavily influenced by discretion. First and foremost, discretion allows the assessment of a defendant’s suitability for bail on a case-by-case basis. R v William Edward Hamilton (2013), for example, where the suspect was granted bail on the account he had no record of previous contact with the law and was granted bail on the judge’s belief that he did not present a threat to community welfare. The use of discretion is also important in preventing individuals having to undergo arbitrary detention, such as the case of BDU v The State of Western Australia (2011); due to the six-month waiting period for the suspects trial, the judge deemed it to be a breach of the suspects rights to remain in remand for this period time as it wasn’t deemed likely for him to commit any offences during this

Discretion of the Court is the system of the court that governs individuals those who are charged for committing crimes, examine the time of their trial and other during major purposes of trial. A person who accused of committing a crime is normally is held in the jail till the time it is proved that whether the person is guilty or innocent. However, the court has the authority to bail out the person before the trial. But they would need certain documentation and that the person cannot leave the place until the trial takes place. Sometimes the person who is accused may also need to pay some fines or

On my court visitation I observed a breach of DVO and bail conditions case, at the Beenleigh Magistrates Court, on Tuesday 15th. The Beenleigh Magistrate sits on the bottom of the Australian legal hierarchy of courts. Most criminal and some civil cases are first heard here. The purpose of this court is if an individual is charged with a criminal offence, they must be brought before the Magistrates Court. The role and responsibilities of the court personnel, is to decide if there is enough evidence required for

The role of the custody officer was created by the Police and Criminal evidence act 1984 (PACE act). Throughout this essay I will be discussing the role of the custody officer and exploring the stages that must be undertaken when a person is detained and processed through custody post arrest. I will also discuss the various sections of the Human Rights Act 1998 that are affected when a person is detained, the limits of a persons detention, and the processes that must be undertaken if the custody officer wishes to extend the time that a person is kept in custody. I will be exploring the duties of the custody officer and what the job role entails on a day to day basis. Whatever is done by the custody officer is to be undertaken in a certain

San Diego, California—December 14, 2015—Fresh Start Bail Bonds of San Diego County offers the residents of Southern California exceptionally fast service regardless of how much money arrest victims and their families have on hand. As one ofthe fastest growing bail bonds companies in the country, Fresh Start provides an extra level of service that's uncommon in the world of courts, bail bondsmen and law enforcement where everyone seems to be jaded, harried and uncaring. Residents of Southern California have discovered that Fresh Start takes a different, more service-oriented approach to the problems of making bail and appearing in court.

Bail bond is an insurance policy that gives a defendant incentive to show up for court appearances. If a defendant fails to show, that individual forfeits the collateral that was put up for their release. The Eighth Amendment forbids the use of excessive bail (U.S. Const. amend. VIII). This does not mean that every defendant will be eligible. For particularly dangerous offenses, bail can be denied for reasons of safety. If a defendant has been known to not show up for court proceedings, the judge may also deny bail for this reason. Even with the protection of the Eighth Amendment, many defendants, especially those of low-income, are unable to afford bail.

Unlike other members of the judiciary, their role and functions have limitations. As individuals, lay magistrates may authorise search and arrest warrants, but mainly their functions are performed as a bench of three. This may include hearing applications for bail or be in charge of committal proceedings. In trial, they decide the facts, the sentence and the law, though the concluding is under the advice of the justice's clerk.

This is a few manifestation and taste of NSC Act to show the power of feudalism and police force. If this matter is left uncheck and control this will generally lead to police abuse and bully.

Chief Justice M. Hameedullah Beg., Justice N. L. Untwalia, Justice P. N. Bhagwati, Justice P. S. Kailasam, Justice S. Murtaza Fazal Ali, Justice V. R. Krishna Iyer and Justice Y. V. Chandrachud.