Police Powers

There are sometimes conditions of bail, such as a bond, reporting to the police on a regular basis, restrictions on where the accused can go and whom they can see, and they may have to give up their passport. Bail laws create tension between the community interests and individuals’ rights and freedoms, as often certain members of the community do not deem the individual worthy of bail. This is evident through R V Silva [2014] NSWSC 148, where the accused was granted bail despite being accused of manslaughter. The government has attempted to relieve this tension by reform to the Bail Act 1978 (NSW), which enforced the Unacceptable Risk Test, preventing more serious offenders from being released on bail. The government relieves tension concerning bail laws by enacting law reform to protect society, however, this can restrict the rights and freedoms of individuals who are

The suspect usually receives bail, but in this case I believe that an arraignment will come first due to the legal status of the defendant.

Before any method of release is accepted for the defendant, a pretrial release hearing takes place. If the arrestee doesn't pose a significant risk of flight, and has only been arrested for a relatively minor offense. If the arrestee doesn't pose the threat, then they are eligible for pretrial release. In the pretrial release hearing a bail decision is made. There are three different methods that can be used to release a defendant prior to a hearing. Those methods are, bail, own recognizance, and preventive detention. When it comes to the release form of bail, it can be described as, releasing an accused person, with the promise that they will appear to trial, if not they will pay the court with a specific sum of money or property. The federal law provides that, " upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death" ( Siegel &

The court is the second component of the justice system – once the suspect is arrested, s/he is referred to as a defendant. It is now up to the court to decide if the police had enough evidence for probable cause for arrest – if the determination is positive, then the defendant gets an opportunity to plead innocent or guilty. Once the court establishes that the defendant is innocent, s/he is released; on the other hand if the defendant is found guilty the court decides the type of punishment and then the defendant is turned over to the Corrections for the follow up of the punishment.

In Section 4 of the Bail Act 1978, it states that ‘authorisation to be at liberty under this Act, instead of in custody’ . This is otherwise known as bail, the act of permitting a person to a brief period of freedom who

Release of an accused pending trial on the accused’s written promise to appear at all required court proceedings is a mode of pretrial release known as the accused’s personal recognizance.

Goldkamp, JS, & Gottfredson, MR 1979, ‘Bail decision making and pretrial setention: surfacing judicial policy.’ Law and human behaviour, vol.3, no.4, pp.227-249

The process of bailing someone out of jail refers to the amount of money paid to the court to release the prisoner. Once the prisoner is released, the bail helps to ensure that the defendant shows up for their court date. A prisoner who doesn't show up for court can cause the bail to be forfeited. Often, defendants will show up for court because they don't want their loved ones to lose their money. Bail varies depending on the crime, the defendant's

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

The person who put up the collateral or paid the bond might have to secure the services of the apprehension agent, which means more money out of their pocket. This means that if your loved one doesn't appear at all their court appointments, they can be considered a fugitive. You can help the bail bonds agent find the person by providing information as to their whereabouts. Skipping bail is very serious and could mean a guilty verdict will extend their jail time.

When a defendant is arrested, one of our bail bondsmen will post the client’s bond. The defendant is then accountable to the bondsman until the case is over. If you don’t show up for your court case, fail to pay the bond, or get charged again while out on bond, our bondsmen can arrest you.

This might seem like a basic question, but it's one that's asked frequently. When someone has been arrested, the court wants to ensure that they'll return. Bail is security that is provided to the court that will guarantee the person shows up for all their court appearances.

Bail is a set amount that is pledged or deposited to the court to get an accused person released from jail temporarily, allowed to continue his/her daily activity out of custody, with the understanding that the suspect will return for his/her trial and make the required court appearances.

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

You may be familiar with the courtroom scene in movies where the judge sets bail for the accused suspect. Sometimes they set an unreasonable amount for bail, or decide to not allow it at all. Bail is a great way to give a suspect temporary freedom. They money they pay is held by the court, and given back to the suspect when they return for their court date. Here are some questions you may have about bail to clarify any confusion you have.