Bail v Remand

[BERNADETTE]

Originally Posted by mthead

Hahahahahahaha Think we all have been there

Not me

[Eric]

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 who bails them? Are they out on their own recognizance? Do they have to post some money? Are there conditions attached other than a promise to appear?

[Ber999T]

From what I have read in the papers and listened to the following maybe in order but then again with matters pertaning to law it is open to debate!!!

Arrested (alleged assault)

Taken to Police Station and placed into cells, if under the influnce of alcohol no interview or statement until sober takes place.

Duty solicetor(sp) called in because the accused will not speak without them.

Police do interview after they have talked and get the response of "No comment" throughout, which means the Police have to go and get statements etc, the interview or a full statement of the events as seen by the accused.

Police may then have to interview the aggreved (but they have to be sober too).

After this (as far as I'm aware) Police can now send the "files" to the CPS (Crown Prosucation(sp) Service) who then look and see if they can be charged or need more infomation/statements etc, and what charge if any, can be brought.
CPS say yes they can then be
1/ charged in the Police Station (cells) and detained/bailed
2/ bailed with conditions
3/ bailed pending further enquiries
4/ bailed to report back at a later date
5/ or sent to Magistraits for remand or court bail.

While there it maybe that the case is outside of what the lower court can deal with so will then be sent to Crown and usually they get remanned to jail.

If they can deal they will ask if the accused will want to go to Crown Court.

Think that covers most of the topic but then again I have been known to be wrong LOL

[Ber999T]

And the spanner in the works is

D&D now get Cautions with £80 fines as do some other lesser crimes providing there has been no harm to person or property, so I am lead to believe

[jaysay]

There are two kinds of bail, police bail, and magistrates bail, police may bail to appear at a later date, because they only suspect they have committed a crime. When a defendant goes before a magistrate, he/she HAS been charged with an offence, it is then up to the magistrate to decide wether to bail or remand. Roy the thing about local politicians, saying something is futile realy as they do not have anything to do with the courts or the police, well not at local level, Hyndburn that is. The police come under Lancashire County Council Police Authority, and the courts under CPS