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Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of failure to appear). A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers A presentence investigation report ( PSI) is a Legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to Property is any physical or virtual entity that is owned by an individual A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Jail, or gaol (especially in Canada, Australia and NZ[http //www In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Failure to appear is the legal term for the failure of a Defendant or respondent to appear within the stated time before a Tribunal as directed in a Summons In most cases bail money will be returned at the end of the trial, if all court appearances are made, no matter whether the person is found guilty or not guilty of the crime accused. In some countries granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Countries without bail imprison the suspect before the trial only if deemed necessary.
Legislatures may also set out certain crimes to be unbailable, such as capital crimes. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment.
Under the current law of England and Wales, bail simply refers to the release of the accused before trial. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the
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Forms of bail
The form of bail varies from jurisdiction, but the common forms of bail include:
- Recognizance — a promise made by the accused to the court that he/she will attend all required judicial proceedings and will not engage in illegal activity or other prohibited conduct as set by the court. In British, Canadian and American Law, the term recognizance is usually employed to describe an obligation of record entered into before some Typically a monetary amount is set by the court, but is not paid by the defendant unless the court orders it forfeited; this is denominated an unsecured appearance bond or release on one's own recognizance.
- Surety — when a third party agrees to be responsible for the debt or obligation of the defendant. A surety is a person who agrees to be responsible for the Debt or obligation of another In many jurisdictions this service is provided commercially by a bail bondsman, where the agent will receive 10% of the bail amount up front and will keep that amount regardless of whether the defendant appears in court. A bail bond agent, or bondsman is any person or corporation which will act as a Surety and pledge money or property as Bail for the appearance of a criminal The court in many jurisdictions, especially jurisdictions that prohibit bail bondsmen, may demand a certain amount of the total bail (typically 10%) be given to the court, which, unlike with bail bondsmen, is returned if the defendant does not violate the conditions of bail. This also known as surety on the bond.
- Conditions of release - many varied non-monetary conditions and restrictions on liberty can be imposed by a court to ensure that a person released into the community will appear in court and not commit any more crimes. Common examples include: mandatory calls to the police, surrendering passports, home detention, electronic monitoring, drug testing, alcohol counseling, surrendering firearms.
- Protective order also called an Order of protection- one very common feature of any conditional release, whether on bail, bond or condition, is a court order requiring the defendant to refrain from criminal activity against the alleged crime victim, or stay away from and have no contact with the alleged crime victim. An injunction is an Equitable remedy in the form of a Court order, whereby a party is required to do or interact with in certain ways all right or to refrain from The former is a limited order, the latter a full order. Violation of the order can subject the defendant to automatic forfeiture of bail and further fine or imprisonment.
- Cash — typically "cash only," where the defendant must provide the amount of the bail to the court.
- Combinations - courts often allow defendants to post cash bail or bond, and then impose further conditions, as mentioned above, in order to protect the community or ensure attendance. [1]
Bail may be forfeited, and the defendant remanded to jail, for failure to appear when required.
Bail law in England and Wales
History
In mediæval England, the sheriffs originally possessed sovereign authority to release or hold suspected criminals. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. Sovereignty is the exclusive Right to control a Government, a country, a people or oneself In Politics, authority ( Latin Auctoritas, used in Roman law as opposed to Potestas and Imperium In the Parlance of Criminal justice, a suspect is a known person suspected of committing a Crime. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Some sheriffs would exploit the bail for their own gain. The Statute of Westminster (1275) limited the discretion of sheriffs with respect to the bail. This article deals with the Statutes of Westminster passed in thirteenth century Although sheriffs still had the authority to fix the amount of bail required, the statute stipulates which crimes are bailable and which ones are not.
In the early 17th century, King Charles I ordered noblemen to issue him loans. As a means of recording the passage of Time, the 17th Century was that Century which lasted from 1601 - 1700 in the Gregorian calendar Charles I, (19 November 1600 &ndash 30 January 1649 was King of England, Scotland and Ireland from 27 March 1625 until his execution. Aristocracy is a form of Government, where rule is established through an internal struggle over who has the most status and influence over society and internal relations A loan is a type of Debt. This article focuses exclusively on monetary loans although in practice any material object might be lent Those who refused were imprisoned. A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of Five of the prisoners filed a habeas corpus petition arguing that they should not be held indefinitely without trial or bail. Habeas corpus (ˈheɪbiəs ˈkɔɹpəs ( Latin: command that you have the body is the name of a legal action or Writ, through which a person can seek relief A petition is a request to change some thing most commonly made to a government official or public entity In the Petition of Right (1628) the Parliament argued that the King had flouted the Magna Carta by imprisoning people without just cause. The Petition of Right 1628 was produced by the English Parliament in the run-up to the English Civil War. TalkParliament#Screen-size. -->A parliament is a Legislature, especially in those Magna Carta ( Latin for Great Charter, literally " Great Paper " also called Magna Carta Libertatum ( Great Charter of Freedoms JUSTICE is a Human rights and law reform organisation based in the United Kingdom.
The Habeas Corpus Act 1679 states, "A Magistrate shall discharge prisoners from their Imprisonment taking their Recognizance, with one or more Surety or Sureties, in any Sum according to the Magistrate's discretion, unless it shall appear that the Party is committed for such Matter or offenses for which by law the Prisoner is not bailable. The Habeas Corpus Act 1679 is an Act of the Parliament of England (31 Cha A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law. A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of A surety is a person who agrees to be responsible for the Debt or obligation of another "
The English Bill of Rights (1689) states that "excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects. The Bill of Rights (or Declaration of Rights) is an act of the Parliament of England, with the Long title An Act Declaring the Rights and Liberties Excessive bail ought not to be required. " This was a precursor of the Eighth Amendment to the US Constitution. The Eighth Amendment ( Amendment VIII) to the United States Constitution is part of the United States Bill of Rights which took effect in 1791 The Constitution of the United States of America is the supreme Law of the United States.
Forms of Bail
In the UK there are three types of bail:
- Police Bail where a suspect is released without being charged but must return to the police station at a given time.
- Police to Court where having been charged a suspect is given bail but must attend his first court hearing at the time and Court given
- Court bail where having already been in court a suspect is granted bail pending further investigation or while the case continues
Police bail before charge
Under the Police and Criminal Evidence Act 1984, the police have power to release a person, who has not been charged, on bail. The Police and Criminal Evidence Act 1984 ( PACE) (1984 c 60 is an Act of Parliament which instituted a legislative framework for the powers of police officers in This is deemed to be a release on bail in accordance with sections 3, 3A, 5 and 5A of the Bail Act 1976. [2]
Police bail after charge
After a person has been charged, he must ordinarily be released, on bail or without bail. [3] Unless the accused has a previous conviction (or equivalents in cases of insanity) for certain specified homicide or sexual offences[4], the accused must be released either on bail or without bail unless:[3]
Bail by a court
Right to bail
Under current law, a defendant has has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it[5],
The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant:
- will abscond;
- will commit further offences whilst on bail; or
- will interfere with witnesses. Detention of suspects is the process of keeping a person who has been Arrested in a police-cell prison or other detention centre before Trial or Sentencing [5]
The court should take into account:
- the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),
- the character, antecedents, associations and community ties of the defendant,
- the defendant’s bail record, and
- the strength of the evidence. [5]
The court may also refuse bail:
- for the defendant's own protection;
- where the defendant is already serving a custodial sentence for another offence;
- where the court is satisfied that it has not been practicable to obtain sufficient information;
- where the defendant has already absconded in the present proceedings;
- where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody;
- where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching bail. [5]
Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail. [6]
The Criminal Justice Act 2003 amended the Bail Act 1976 restricting the right to bail for adults who tested positive for a Class A drug and refused to be assessed or refused to participate in recommended treatment[7]
Conditions
Conditions may be applied to the grant of bail, such as living at a particular address or having someone act as surety, if the court considers that this is necessary:
- to prevent the defendant absconding;
- to prevent the defendant committing further offences whilst on bail;
- to prevent the defendant interfering with witnesses; or
- for the defendant's own protection (or if he is a child or young person, for his own welfare or in his own interests). The Criminal Justice Act 2003 (2003 c44 is a wide ranging Act of Parliament introduced to modernise many areas of the Criminal justice system in England The Misuse of Drugs Act 1971 (c38 is an Act of Parliament, by which the United Kingdom aims to control the possession and supply of numerous drugs A surety is a person who agrees to be responsible for the Debt or obligation of another [5]
Failure to comply with bail
Failing to attend court on time as required is an offence, for which the maximum sentence in a magistrates’ court is three years and twelve months' imprisonment in the Crown Court. For the TV programme see Crown Court (TV series. The Crown Court of England and Wales is together with the High Court of Justice (Sentences are usually much shorter than the maximum, but are often custody. ) In addition to imposing punishment for this offence, courts will often revoke bail as they may not trust the defendant again. The amended Consolidated Criminal Practice Direction states (at paragraph 1. 13. 5) that "the sentence for the breach of bail should usually be custodial and consecutive to any other custodial sentence". [8]
Failing to comply with bail conditions is not an offence, but may lead to the defendant being arrested and brought back to court, where they will be remanded into custody unless the court is satisfied that they will comply with their conditions in future.
Bail law in the United States
In pre-independence America, bail law was based on English law. The term colonial history of the United States refers to the history of the land that would become the United States from the start of European settlement to the time of independence Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Some of the colonies simply guaranteed their subjects the protections of British law. This article is about a type of political territory For other uses see Colony (disambiguation. In 1776, after the Declaration of Independence, those which had not already done so enacted their own versions of bail law. The United States Declaration of Independence is a statement adopted by the Continental Congress on July 4 1776 announcing that the thirteen American colonies then
Section 9 of Virginia's 1776 Constitution states "excessive bail ought not to be required. The Commonwealth of Virginia ( is an American state The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the United States . . " In 1785, the following was added, "Those shall be let to bail who are apprehended for any crime not punishable in life or limb. Year 1785 ( MDCCLXXXV) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common . . But if a crime be punishable by life or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail. "
Section 29 of the Pennsylvania Constitution of 1776 states that "Excessive bail shall not be exacted for bailable oflences: And all fines shall be moderate. The Pennsylvania Constitution of 1776 has been described as the most democratic in America and was authored primarily by Timothy Matlack, Dr "
The Eighth Amendment in the US Federal Bill of Rights is derived from the Virginia Constitution, "Excessive bail shall not be required. The Eighth Amendment ( Amendment VIII) to the United States Constitution is part of the United States Bill of Rights which took effect in 1791 The federal government of the United States is the central United States Governmental body established by the United States Constitution. In the United States the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known . . ", in regard to which Samuel Livermore commented, "The clause seems to have no meaning to it, I do not think it necessary. This article is about the New Hampshire lawyer and politician for the New Orleans lawyer and legal scholar see Samuel Livermore (legal writer. What is meant by the term excessive bail. . . ?" The Supreme Court has never decided whether the constitutional prohibition on excessive bail applies to the States through the Fourteenth Amendment. The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first
The Sixth Amendment, to the Constitution, like the English Habeas Corpus Act of 1678, requires that a suspect must "be informed of the nature and cause of the accusation" and thus enabling a suspect to demand bail if accused of a bailable offense. The Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions in federal courts
The Judiciary Act of 1789
In 1789, the same year that the United States Bill of Rights was introduced, Congress passed the Judiciary Act of 1789. Year 1789 ( MDCCLXXXIX) was a Common year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Common In the United States the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known The United States Judiciary Act of 1789 (1 Stat 73 was a landmark Statute adopted on September 24, 1789 in the first session of This specified which types of crimes were bailable and set bounds on a judge's discretion in setting bail. A judge, or justice, is an Official who presides over a Court of law The Act states that all non-capital crimes are bailable and that in capital cases the decision to detain a suspect, prior to trial, was to be left to the judge.
The Judiciary Act states, "Upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein. "
The Bail Reform Act of 1966
In 1966, Congress enacted the Bail Reform Act of 1966 which states that a non-capital defendant is to be released, pending trial, on his personal recognizance or on personal bond, unless the judicial officer determines that such incentives will not adequately assure his appearance at trial. Year 1966 ( MCMLXVI) was a Common year starting on Saturday (link will display full calendar of the 1966 Gregorian calendar. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses In that case, the judge must select an alternative from a list of conditions, such as restrictions on travel. Individuals charged with a capital crime, or who have been convicted and are awaiting sentencing or appeal, are to be released unless the judicial officer has reason to believe that no conditions will reasonably assure that the person will not flee or pose a danger. In non-capital cases, the Act does not permit a judge to consider a suspect's danger to the community, only in capital cases or after conviction is the judge authorized to do so.
The 1966 Act was particularly criticized within the District of Columbia, where all crimes formerly fell under Federal bail law. Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D In a number of instances, persons accused of violent crimes committed additional crimes when released on their personal recognizance. These individuals were often released yet again.
The Judicial Council committee recommended that, even in non-capital cases, a person's dangerousness should be considered in determining conditions for release. The District of Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider dangerousness and risk of flight when setting bail in noncapital cases.
Current U. S. bail law
In 1984 Congress replaced the Bail Reform Act of 1966 with new bail law, codified at United States Code, Title 18, Sections 3141-3150. The main innovation of the new law is that it allows pre-trial detention of individuals based upon their danger to the community; under prior law and traditional bail statutes in the U. S. , pre-trial detention was to be based solely upon the risk of flight.
18 USC 3142(f) provides that only persons who fit into certain categories are subject to detention without bail: persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering. There is a special hearing held to determine whether the defendant fits within these categories; anyone not within them must be admitted to bail.
State bail laws
Bail laws vary somewhat from state to state, as is typical of U. S. jurisprudence. Generally, a person charged with a non-capital crime is presumptively entitled to be granted bail. Recently, some states have enacted statutes modelled on federal law which permit pretrial detention of persons charged with serious violent offenses, if it can be demonstrated that the defendant is a flight risk or a danger to the community.
Some states have very strict guidelines for judges to follow, with a published bail schedule. [9] Some states go so far as to require certain forfeitures, bail, and fines for certain crimes. [10]
See also
References
- ^ How Stuff Works - Bail
- ^ Police and Criminal Evidence Act 1984, section 34 (5). Bailment describes a legal relationship in Common law where physical possession of personal Property ( Chattels) is transferred from one person (the A bail bond agent, or bondsman is any person or corporation which will act as a Surety and pledge money or property as Bail for the appearance of a criminal A bounty hunter captures Fugitives for a monetary reward ( bounty) Criminal justice is the system of practices and organizations used by national and local governments directed at maintaining Social control, deterring The Police and Criminal Evidence Act 1984 ( PACE) (1984 c 60 is an Act of Parliament which instituted a legislative framework for the powers of police officers in
- ^ a b Police and Criminal Evidence Act 1984, section 38
- ^ Criminal Justice and Public Order Act 1994, section 25
- ^ a b c d e Bail Act 1976, Schedule 1
- ^ Criminal Justice and Public Order Act 1994, section 25; R v Crown Court at Harrow [2006 UKHL 42]
- ^ Section 19 Criminal Justice Act 2003: Drug users: restriction on bail
- ^ Offence of absconding
- ^ Los Angeles Superior Court Bail Schedule
- ^ State of Utah courts
tags
External links and References
Frequently Asked Bail Questions
The Police and Criminal Evidence Act 1984 ( PACE) (1984 c 60 is an Act of Parliament which instituted a legislative framework for the powers of police officers in The Criminal Justice and Public Order Act 1994 was an Act of Parliament brought into law by the Parliament of the United Kingdom. The Criminal Justice and Public Order Act 1994 was an Act of Parliament brought into law by the Parliament of the United Kingdom.Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic