Bail refers to the provisional release of the accused in a criminal case in which the court is yet to announce the judgment. The term 'bail' means the security that is deposited in order to secure the release of the accused.
Bail often means a defendant enters into a recognisance (a bond between them and the court) to pay money if they break the conditions of bail. Anyone providing a guarantee (or surety) may also have to enter into a recognisance. ... The judge must grant bail unless the prosecution can show that there is a specific risk.
Bail can be either unconditional or conditional, the latter being that certain restrictions and conditions are put on defendants such as not being able to contact a complainant or go to a certain location. The initial bail period is 28 days but can be extended up to 3 months by a Superintendent.
Your case can be dropped while you're on bail. If you are bailed without charge, called 'pre-charge bail' this means that you will have to appear at a police station at a later date. This is so that the police can look over the evidence and decide whether or not to charge you.
The key to getting someone out of jail usually involves paying bail. But before being released, a defendant must complete the booking process—a bureaucratic and often humiliating procedure. Once that's completed, the defendant can post bail according to a bail schedule and get released.
Being on bail means that you have been arrested or charged with a crime and can leave the police station or court, but you must return / go to court on a specific day at a specific time. If you do not attend court you can be arrested.
If you are released on bail or 'under investigation' it means that the police are not yet ready to make a charging decision on your case, but that the police investigation remains active and you are still a suspect.
By the police when there is sufficient evidence available to charge, also known as post-charge bail. By the courts when a person has been charged, also known as court bail.
A conditional bail is set when the defendant poses an escape risk. In that case, the court adds conditions to their release. If the defendant fails to comply even with a single condition, their bail privilege will be revoked and they'll return to jail to wait for their trial.
There are 3 types of bail Regular, Interim and Anticipatory.
Detention orders are sentences that are meted out by a judge after the individual has been convicted of a crime. Remand, on the other hand, is the detention of an individual in a prison cell prior to the commencement of trial, and during police investigations.
Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In former, the accused is lodged in police station lockup while in latter, it is the jail. When Police takes a person into custody, the Cr.
You may be charged under the Bail Act 1976 and could also be remanded in custody until your trial. While on police bail you can apply at the magistrates court to vary the conditions of the bail, although there is no guarantee that the court will allow such variations.
Bail is the process whereby a person who has been arrested and charged is released from police custody back into the community whilst awaiting the next court hearing. If bail is refused, then the arrested person is remanded in custody pending the next court hearing.
Considerations such as prior criminal history, the seriousness of the charge, the risk of reoffending, previous breaches of bail or if there is a genuine chance that you will not appear at your next court appearance, will all weigh into whether or not bail will be granted.
How long police can hold you in custody depends entirely on the circumstance. Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours.
There is no set amount for bail charges, the amount or value of the property is generally based on a few considerations, including: The severity of the offence. The more serious the nature of the offence the. higher the amount of bail will probably be.