Bail v Remand - Page 2

BERNADETTE · 26-08-2008, 21:24

Quote:

Originally Posted by mthead

No they dont Bernadette,if the accussed denies the said offence the police can release them on police bail to re-appear at the police station at a said date to give time for the C.P.S and police to get enough evidence for a conviction at court.

Yep I get that, meant when it was decided if charges were being brought. Thought the first court they went to was Magistrates, then it was transferred to Crown if the Magistrates couldn't deal with it

mthead · 26-08-2008, 21:27

Quote:

Originally Posted by cashman

since when? used to be be the Crown/Sessions if the magistrates felt they had Not enough power to sentence.

you could ask fer certain offences to be tried at crown, but if it was a lesser offence n you asked the magistrate would refuse.

No you can Cashy at a Magistrate ask for it to be tried at Crown if you want to run the gaunlet of having a higher sentence bestowed upon you. Some do hoping the jury wont reach a unanimous decision.

Eric · 26-08-2008, 21:30

Quote:

Originally Posted by mthead

Well there are 2 ways to look at this Eric,what if accussed is innocent they have been held on remand for nothing and could go for compensation if equitted at court.But for really serious offences yes the police will not release them.It all depends on the crime in question.

Compensation ... you gotta be kidding

But I guess you aren't .... but aren't bail hearings held the next day after the arrest? I just like the simple old-fashioned way: legislators make the laws, police bust people, courts judge them .... and the appeal courts and the Supreme Court keep an eye on the whole process. A clear division of powers and responsibilites.

mthead · 26-08-2008, 21:34

Quote:

Originally Posted by Eric

Compensation ... you gotta be kidding

But I guess you aren't .... but aren't bail hearings held the next day after the arrest? I just like the simple old-fashioned way: legislators make the laws, police bust people, courts judge them .... and the appeal courts and the Supreme Court keep an eye on the whole process. A clear division of powers and responsibilites.

Yes they are Eric if you get remanded by the police,unfortunate if its on a friday night LOL

They have to wait while monday then

Royboy39 · 26-08-2008, 21:35

Who in their right mind would let a burgler with prevoius,walk, and that is what bail amounts too.
If an offender is on his first charge for the offence...bail.
Second and subsequent offences....locked up.
What's wrong with that?

cashman · 26-08-2008, 21:36

Quote:

Originally Posted by mthead

No you can Cashy at a Magistrate ask for it to be tried at Crown if you want to run the gaunlet of having a higher sentence bestowed upon you. Some do hoping the jury wont reach a unanimous decision.

don't understand that

each crime has a max n minimum tariff, the magistrates could only sentence you to 6 months max, thats how it was, so where is the sense in letting some jerk on a lesser charge,waste taxpayers money,if the max tariff fer the crime is not above the 6 months?

Eric · 26-08-2008, 21:38

Quote:

Originally Posted by mthead

Yes they are Eric if you get remanded by the police,unfortunate if its on a friday night LOL

They have to wait while monday then

Definitely unfortunate .... here when the police bust drug dealers they usually do it on a Friday, esp. on a Friday before a long weekend

mthead · 26-08-2008, 21:39

Quote:

Originally Posted by cashman

don't understand that

each crime has a max n minimum tariff, the magistrates could only sentence you to 6 months max, thats how it was, so where is the sense in letting some jerk on a lesser charge,waste taxpayers money,if the max tariff fer the crime is not above the 6 months?

I know but believe me it happens.Could name instances but wont LOL

mthead · 26-08-2008, 21:41

Quote:

Originally Posted by Eric

Definitely unfortunate .... here when the police bust drug dealers they usually do it on a Friday, esp. on a Friday before a long weekend

Yeah LOL but they deserve it LOL

Best if its a bank holiday weekend

Royboy39 · 26-08-2008, 21:46

Quote:

Originally Posted by mthead

Yes they are Eric if you get remanded by the police,unfortunate if its on a friday night LOL

They have to wait while monday then

That is a very good point....Magistates are paid by the Crown to do a service for the community......If a serious offender is caught on Friday or Saturday night...why not make them appear in court the following day?
If you are in control of a business and a problem occurs, no matter what time of the day or night, you deal with it....why not Magistrates?

BERNADETTE · 26-08-2008, 21:47

They do sometimes have hearings in Magistrates courts at weekend for very serious crimes

mthead · 26-08-2008, 21:49

Quote:

Originally Posted by Royboy39

That is a very good point....Magistates are paid by the Crown to do a service for the community......If a serious offender is caught on Friday or Saturday night...why not make them appear in court the following day?
If you are in control of a business and a problem occurs, no matter what time of the day or night, you deal with it....why not Magistrates?

Like Bernadette said they do for serious crime.

Royboy39 · 26-08-2008, 21:53

Quote:

Originally Posted by BERNADETTE

They do sometimes have hearings in Magistrates courts at weekend for very serious crimes

Yes...but why not dispense with the less serious crimes whilst sat on the 'Throne'? all the staff are in attendence?

BERNADETTE · 26-08-2008, 21:56

Quote:

Originally Posted by Royboy39

Yes...but why not dispense with the less serious crimes whilst sat on the 'Throne'? all the staff are in attendence?

No idea

jambutty · 26-08-2008, 21:56

Quote:

Originally Posted by Eric

So the police are acting as a court? I don't think I like this idea.

I think that you might be missing the point Eric.

These days the police seem to arrest someone just on SUSPICION of committing a crime whereas not too long ago a person was arrested for actually committing a crime. The arresting officer must have concrete suspicions and not arrest someone on a whim.

However suspicion is not enough to convict someone so they could be given police bail until evidence can be collected and the culprit is then charged with the crime. The case is then brought before a Magistrate’s Court, the police and defendant argue their case and the bench decides if bail is warranted or the prisoner is remanded into custody.

Once a person has been arrested on suspicion, the police have 48 hours, I think it is, to question the suspect and during that time the suspect is kept in police cells. The cops can apply to a Magistrate for an extension but there is a limit. Once the time limit has been reached the police have to either charge the suspect or let him go, usually on police bail. The police are unlikely to charge someone unless they have, or think they have the evidence to support the charge.

However if the suspected crime is terrorist related the duration is 28 days, I think, and the government wanted to extend that to 42 days. But that’s another argument.