Bail v Remand - Page 3

Eric · 26-08-2008, 21:56

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?

Nah, if a serious offender is caught on a Friday, let the sucker sit in the bucket until the first available bail court. And if I were arrested on a Friday, I would rather wait until Moday ... after all, who wants to face a magistrate all po'd because he has to miss his golf game.

mthead · 26-08-2008, 22:01

Quote:

Originally Posted by Eric

Nah, if a serious offender is caught on a Friday, let the sucker sit in the bucket until the first available bail court. And if I were arrested on a Friday, I would rather wait until Moday ... after all, who wants to face a magistrate all po'd because he has to miss his golf game.

LOL or rough from the beer night before LOL

Royboy39 · 26-08-2008, 22:02

Quote:

Originally Posted by Eric

Nah, if a serious offender is caught on a Friday, let the sucker sit in the bucket until the first available bail court. And if I were arrested on a Friday, I would rather wait until Moday ... after all, who wants to face a magistrate all po'd because he has to miss his golf game.

Eric...the point we are trying to make is....because of the current system these ******* will not be locked up for the weekend...they will be bailed...and that is the problem.

cashman · 26-08-2008, 22:05

Quote:

Originally Posted by mthead

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

thats my point mt its bloody ridiculous waste of taxpayers money, but whats new?

jambutty · 26-08-2008, 22:06

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.

If you are falsely arrested and kept incommunicado for a period of time and then not charged you are in theory entitled to compensation.

Bail hearings are only held if the defendant has been charged with an offence and asks for bail, through his solicitor. The hearing usually take place at the next available Magistrates session.

mthead · 26-08-2008, 22:07

Quote:

Originally Posted by Royboy39

Eric...the point we are trying to make is....because of the current system these ******* will not be locked up for the weekend...they will be bailed...and that is the problem.

Yes but like i said earlier,what if these ******* are innocent and choose to go for compensation for wrongfull arrest? Then it costs more than the keeping them in food etc .

steeljack · 26-08-2008, 22:09

thanks for the responses , I guess its been explained , so now there are Two types of Bail , 1 Police Bail .....where no charges are required , just suspicion . 2 Court Bail , imposed by the Magistrate, after a peson is charged and before trial .

Don't think I approve of Police Bail , just in the interests of fairness its tipping the scales to one side

mthead · 26-08-2008, 22:13

Quote:

Originally Posted by steeljack

thanks for the responses , I guess its been explained , so now there are Two types of Bail , 1 Police Bail .....where no charges are required , just suspicion . 2 Court Bail , imposed by the Magistrate, after a peson is charged and before trial .

Don't think I approve of Police Bail , just in the interests of fairness its tipping the scales to one side

But like me and Jambutty said what happens if the accused are innocent then its more tax payers money down the swanny?

cashman · 26-08-2008, 22:18

the police always gave ya bail fer drunk n dizzy, to appear in court usually 1 month later.

mthead · 26-08-2008, 22:22

Quote:

Originally Posted by cashman

the police always gave ya bail fer drunk n dizzy, to appear in court usually 1 month later.

LOL been caught on that one but never went to court lol

Royboy39 · 26-08-2008, 22:28

Quote:

Originally Posted by mthead

Yes but like i said earlier,what if these ******* are innocent and choose to go for compensation for wrongfull arrest? Then it costs more than the keeping them in food etc .

I think we are going down the wrong path here.
******* are known to the police for particular offences and are known to commit these offences over and over again.
If an offender has been caught in the act and admits the offence, how on this earth can he claim wrongful arrest?
It is only a matter of time for all offenders..be it smart or not so smart to get their collar felt....they have got to be very smart if caught in the act.
Wrongful arrest.....how many people have gone for that over the years?
The police have a job to do and apart from the easy targets (Motorists)
they do the job very well.

mthead · 26-08-2008, 22:32

Quote:

Originally Posted by Royboy39

I think we are going down the wrong path here.
******* are known to the police for particular offences and are known to commit these offences over and over again.
If an offender has been caught in the act and admits the offence, how on this earth can he claim wrongful arrest?
It is only a matter of time for all offenders..be it smart or not so smart to get their collar felt....they have got to be very smart if caught in the act.
Wrongful arrest.....how many people have gone for that over the years?
The police have a job to do and apart from the easy targets (Motorists)
they do the job very well.

Yes I know what you mean Roy but it happens

jambutty · 26-08-2008, 22:54

Just because a person has been arrested it doesn’t automatically follow that they will be charged, although people do take the two to mean the same thing.

Once a person has been charged with a specific crime the police cannot arbitrarily release him/her, unless they drop the charges.

Wrongful arrest is when a person has been arrested kept in police cells for at least one day and not charged. Or if charged and taken to court the police do not present any evidence.

The rules of arrest and charge etc are quite specific which is why the speil the copper has to go through when making an arrest has to be word perfect otherwise some smart arsed mouthpiece can cause mayhem.

If a person is arrested for being drunk and disorderly (the interpretation of disorderly can mean anything from staggering about to fighting) they are wheeled off to the station and then the duty officer decides whether to charge the offender or not. If the drunk is just drunk and not causing any trouble more often than not he will get put in the cells to sleep it off and chucked out next morning with a police caution and no breakfast.

cashman · 26-08-2008, 23:01

Quote:

Originally Posted by jambutty

If a person is arrested for being drunk and disorderly (the interpretation of disorderly can mean anything from staggering about to fighting) they are wheeled off to the station and then the duty officer decides whether to charge the offender or not. If the drunk is just drunk and not causing any trouble more often than not he will get put in the cells to sleep it off and chucked out next morning with a police caution and no breakfast.

unless things have changed that is not quite correct, staggering about, falling down, led out was always classed as Drunk and incapable, shouting, bawling,singing loud,fighting, threatening, was always Drunk and Disorderly. that is/was fact, got the T-Shirt.

mthead · 26-08-2008, 23:06

Quote:

Originally Posted by cashman

unless things have changed that is not quite correct, staggering about, falling down, led out was always classed as Drunk and incapable, shouting, bawling,singing loud,fighting, threatening, was always Drunk and Disorderly. that is/was fact, got the T-Shirt.

Hahahahahahaha Think we all have been there