Bail is a fundamental issue in administration of criminal justice system. An accused is said to be admitted to bail when he is released from the custody of police or court. In turn, the sureties accept the responsibilities to produce the accused to answer, at a specified time and place, the charge against him. Although bail ensures avoidance of unnecessary sufferings of presumably innocent person, it may conversely hamper administration of justice by enabling the accused person to abscond or to threaten the victims and witnesses. Granting or rejection of bail may also result into economic and social difficulty for the families of victim and witnesses.
Therefore, it must be emphasize here that reforms in the bail related steps towards ensuring
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The word Bail is derived from the old French verb “bailier”, which means to “give” or “deliver” according to webster’s New International Dictionary. Bail can be broadly categorized into two parts bail-able cases and Non-bail-able cases. Categorized has the offences as bail-able and non-bail-able offences. There have some power of granting bail by different courts. And also there have power of cancelling bail by different courts. And this research has discussion Effect of delay in investigation, trial and in disposal of bail Application. And lastly discussed here present situation of Bail in …show more content…
• To reduce Bail situation in Bangladesh.
• To find out the jurisdiction of the Courts to grant bail to such accused persons as are listed as identified criminals by a quasi-judicial authority established by law should be ousted
1.5. Research Methodology
The research paper on “Bail situation in local court of Bangladesh”, to make this research paper effective, I have collected from the orals sources of various persons such as students, teachers, some experienced persons and some Jailers. Some information also has been collected from various books written by various experienced scholars from some public universities and private universities. In my research paper I also have shared the observations, comments and recommendations of various authors.
1.6. Limitation of the Research
In this sub-continent especially in Bangladesh, bail has been developed as of fundamental rights of an accused. Considering the above views, the study was conducted at all levels. And the territorial Limitation area of this thesis are Bangladesh. The study has suffered certain limitations as below:
The duration of the study was very short. More in-depth investigation would have resulted better
The Victorian Bail Act 1977 outlines the provisions of bail, Section 4(1) a provides a presumption in favour of granting bail. “Any person accused of an offence and being held in custody in relation to that offence shall be granted bail” (Bail Act 1977 (Vic), s. 4(1)). This means that anyone charged of an offence should be granted bail unless there are circumstances which justify the refusal of bail. Under Section 4(2) there is a presumption against bail for serious offences including serious drug offences and terrorism offences (Bail Act 1977 (Vic), s. 4(2). Since Frank was caught with both drugs and terrorist weapons in his possession, the only way that he could be granted bail is if he proves there were ‘exceptional circumstances’ or show cause of why the bail should be granted (Bail Act 1977 (Vic), s. 4(4).
Prosecutors have lots of discretion when it comes to deciding whether or not to charge people. Next, he or she makes an initial appearance before a magistrate. At this time, decisions regarding bail are also made. Sometimes—but not always—the next step is for the defendant to appear at a preliminary hearing, where it is decided whether or not probable cause exists that the defendant committed the crime he or she is charged with. Next, a grand jury hears the state's evidence on the case and may or may not bring back an indictment against the defendant.
Then, the history and timeline of surety bonds were explored, with the first written surety like contract on the Mesopotamian tablet to the founding of The National Association of Surety Bond Producers. Then the laws and acts that pertained to bail and pretrial release was discussed. Pete McDonough was discussed; even though a controversial figure in the history bail bond agency, he helped start bail bond agencies in the United States. After Pete McDonough was covered, this paper covered how bail bonds work and what the role the bail bond agent plays. The question, are bail bond agencies important, was raised.
The judge will consider the type of crimes that were committed. The judge will also consider the person's history. If the person does not have a history of criminal behavior, the judge might give the person a low bail. The person will have a high bail if he has a long history of criminal activity. Bail protects the rights of the person arrested, and it reduces overcrowding in local jails.
The Bail Act 2013 (NSW) is a crucial piece of legislation that outlines the legal framework for granting bail to persons who are charged with an offense in New South Wales. In 2014, the Act underwent significant reform due to concerns about the effectiveness of the existing bail system in achieving justice. This essay will discuss the conditions that gave rise to the reform of the Bail Act 2013 (NSW) in 2014, the specific changes to the Bail Act 2013 (NSW), and evaluate the effectiveness of the law reform in achieving justice. Conditions that gave rise to the reform of the Bail Act 2013 (NSW) in 2014 The reform of the Bail Act 2013 (NSW) was triggered by a number of factors, including the increasing rate of reoffending by people on bail and concerns about community safety.
The Bail Reform Act was then passed in 1966 to assure that bail practices would be revised to ensure that all persons, regardless of their financial status, shall not needlessly be detained to answer criminal charges (Champion, Hartley, Rabe 2012). Afterwards, the Bail Reform Act of 1984 came into play. The Bail Reform Act of 1984 was a revision of the original 1966 Bail Reform Act which changes in the bail practices were carried out to assure that all persons, no matter of their financial status, shall not be detained to answer criminal question, needlessly (Champion, Hartley, Rabe 2012). This act was contemporary to where it incorporated provisions for judicial officers to release defendants subject to certain conditions.
In our nation, when you are accused of a crime you go to jail. At the jail, you are given an amount of money you have to pay to get out of prison at your hearing, this is called a Bond. Bonds ensure that you go to court. If you pay all of the bond money up front and then go to court like you should, you get all of your money back. But people don’t usually have thousands of dollars to pay for Bonds.
But most people do not have that kind of amount of money. The bond amount varies depending on the type of crime committed but it is normally too high for the person to afford. If possible the second option the criminal has is to use a property of his or hers like a house or any other lot. The third option is to initiate the bail bonds process by
To put it in a simple way, bail is the refundable exchange of cash, bond, or property between the court and the arrestee in return of the freedom of the arrestee until the trial date. [1] Bail exists not for the courts to make money but to allow arrestees who are in jail awaiting trial for a non-capital crime an opportunity to go back to their communities while leaving a personal interest with the court. [2] The personal interest that the arrestee left with the court will ensure that the arrestee will come back to the court on the trial date and not flee. [2] In felonies and some misdemeanors allowing an offender the privilege to pay a bail and go free until trial is up to the discretion of the judge, if for some reason the judge suspects that
Whenever a person has criminal charges filed in opposition to him or her, courts set bail to make an effort to ensure the person charged may show up in the court for upcoming hearings. A bail is the amount of money the defendant has to deposit along with the courtroom to secure her or his freedom while the defendant 's case is being heard from the court. When the defendant will not pay the bond set by the judge, the defendant goes to jail until the court hears his or her case. In certain cases, the court may not actually make bail arrangements due to the fact it has confirmed that the defendant is actually a flight risk and may possibly try to escape the court 's jurisdiction as well as never appear for hearings. Figuring out the bail amount
The victim right’s movement of the 1980’s demonstrated a shift in the Judicial and Law Enforcement practices from Rights of the accused to rights of the victim. The fundamental right of the victim was to be represented equitably throughout the criminal justice process. There are four basic rights of the victims that are the right or information and notification, participation, the right to feel and be reasonably protected and
Set amounts of money bail according to the circumstances of the individual defendant. 6. Introduce and enforce time limits for remands in custody, after which defendants should be reviewed or freed on bail. 7. Provide legal aid and assistance supplemented, where necessary, by paralegals to provide advice to defendants.
1. Outlines principles of law in relation to variances of an indictment in general, in relation to the “manners and means” of committing a crime. • VARIANCE TO INDICTMENT occurs when facts proved at trial are different from those alleged or specified in the indictment. • MANNERS AND MEANS is the way the crime is done and the method of committing the crime. For example, Zizzi’s wife was beaten/ hit which is the manner and the means/method is either the golf club or the ornament from the bathroom.
This paper is to help show how sometimes judges can be Bias or inherent in the amount of bail set and other restrictions for pre-trial release while showing the concept of bail what can be done to prevent arbitrary and potentially prejudiced decisions from being made in the courtroom when it comes to bail by the judge, Also discuss the pros and cons of private vs. public defense. Introduction This paper will show the pros and cons of pre-release and define pre-trail release and bond, arbitrary. bond types also look into the factors of bail amounts a judge looks at to determine how much the defendant’s bail is and a few ways to prevent arbitrary and potentially Prejudice decisions from being made in the court by judges.
In the criminal justice system, the corrections component is also responsible for the rehabilitation of the convicted individual. It is their duty to attempt to make the defendant a productive member of society once again. Based on the individual’s behavior while incarcerated, the court and corrections officials may decide to place them on parole, which ensures that the individual will comply with the rules of society once they are fully released from the system. The criminal justice system is an essential role in the organizational structure of not only the United States but also in countries around the world. If there were no criminal justice system to administer punishment, the world would be unstructured, disorganized, unjustified, cruel, and not to mention a chaotic place for it citizens.