Write An Essay On Baill

Indefinite detention is an extremely controversial issue consisting of valid arguments on both sides of the debate; however, Queensland’s Dangerous Prisoners (Sex Offenders) Act 2003, including the amendment made to it in 2009 and part 10 of the Penalties and Sentences act 1992 (Qld) all provide a desirable outcome. These laws are scrutinized by many but evidently all contribute to the equitable way that this system functions. Although on the face of it, indefinitely detaining a prisoner may be perceived by some as infringing the fundamental rules of law, in reality extensive measures are taken through the legislative processes of these laws to ensure that a just decision is made in respects to the continuation of a detention order. By doing

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 second supporting argument that Parliament imposes the judiciary to place too much emphasis on incarceration is characterized by the reduction of credit for pre-sentence custody credit. Fortunately, this was amended in 2014. The Truth in Sentencing Act, one of the government’s early “tough on crime” laws was passed in 2009, but became operative on Feb. 22, 2010. This Act contributed to the changes regarding the credit offenders received for pre-sentence detention or “dead-time,” that does not count towards any parole or early release eligibility. This curbed judge’s ability to give a break on sentencing when a convicted offender has spent lengthy time in pre-trial jail custody. This discount in sentencing had evolved to recognize that

Through bail, the accused is granted provisional release pending a trial, if refused, the individual is placed on remand. The legislation governing the processes of bail is the Bail Act 2013 (NSW) - commencement as of the 20/5/14, reforming the Bail Act 1978 (NSW), which was repealed. The reform was prompted due to the tension the Bail Act 1978 (NSW) raised, becoming so complex, through the several amendments modifying the presumption for bail, that legal practitioners were sometimes not able to comprehend it, limiting is accessibility, with almost 25% of the prison population being held in remand. This figure is highlighted through the 2011 NSW law reform commission. To respond, the Bail Act 2013 (NSW) was implemented, which replaced the presumption

1: Before I begin, for those within the audience who are unsure of what bail is, it is the temporary release of a person awaiting trial. We imposed this very important question to you tonight because since its first introduction in 1978, there have been more than 85 amendments to the Bail Act. We, all together are going to investigate why, how and who pushed for these amendments and reforms.

Discuss the aims and development of the penal system within the UK over the last 200 years.

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.

Bail is often seen as a good thing, to allow those who are presumably innocent their freedom, until proven otherwise. But bail does have its downsides. Often those who are committing crimes, commit the crimes because they are hurting for money, so they have no money to put forth for a bond. Another reason bail is sometimes controversial is because it the judge’s discretion, whether someone should even be offered, bail depending on a

Q. ‘The bail legislation of Bangladesh is more focused on justification rather than risk based approach’-discuss this statement and give a comparative description in this regard between Bangladesh and New South Wales.

When officials talk about bail, they are referring to the money the defendent or loved one pays to get the arrested person released from jail. A defendent who is released from jail has to return for all court appearances. The bail is used as an incentive to ensure the person returns for those court dates in the future.

The State which is the prosecuting is obliged, as of necessity to ensure implementation of constitutional guarantees, and if there is any failure on its part in this regard, the constitutional safeguards shall prevail. If a speedy trial cannot be ensured, the citizen’s liberty cannot be curtailed and he will, therefore have to be set free. Whether an accused who is facing a trial is in custody or whether he is on bail are matters of little consideration in this regard because the liberty of the citizen is still curtailed either completely or

The judge will review seriousness of the offence committed, history of previous convictions, possibility of reoffending, witness interference and whether it is in the public interest for bail to be served. Do the defendants pose a real risk? Under s. 4 of the Bail Act 1976, a person brought before the court, who is accused of an offence, has the right of bail without any conditions. Within Schedule 1 of the Act when taking decisions on the grant of bail, as per paragraph 9 the court is obliged to take account of certain considerations which include, the nature and seriousness of the offence, the character, associations and community ties with the defendant, previous bail record and the strength of the evidence. Under s. 25(2) of the Criminal

It does not, therefore, leave any option to the court except to release the accused person on bail on his application. Such simplistic view of bail mechanism reduces the functioning of this institution to a slot machine, which, on inserting a coin, automatically delivers the articles in hand. The law of bail does not envisage that by labelling some offences as bailable, it is the offence that is to be bailed out, instead of the person who is accused of having committed the alleged offence.

Members of the legal profession are claiming that changes to the availability of legal aid brought about by the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 could cause harm to the rule of law. The Act it is claimed creates an environment in which those who, without the financial resources to access justice will be denied access to justice. In principle the rule of law is intended to ensure that the law is just, accessible to all and that it is enforceable. That is to say, everyone should be able to enforce their legal rights, have access to legal advice and have access to some form of adjudication if they have a legal claim. The high cost of obtaining legal advise and bringing claims to the courts is an obstacle to the vast majority and therefore, the vast majority of the population require financial assistance in order to obtain effective access to justice.

Victoria, which is commonly known as the nanny state, has many rules and regulations that seem to be extremely prohibitive or allow certain criminal behavior and need to be changed. The government is coming under this realization and has set up a law reform commission. Community groups and other legal organizations as well as individuals have come together to setup platforms for suggesting the particular areas of the law that need reform. This has helped greatly in reforming the laws of Victoria. However, there are still other areas of the law that need reform.