Bail v Remand

steeljack · 26-08-2008, 20:38

more and more often whenever I read in a news report from the UK about the police making an arrest after some crime the accused are released on Bail while inquiries continue, even before a court appearence ,not just petty stuff like shop lifting and drunk and disorderly , but sometimes pretty serious stuff including knife crime ......has the law in the UK been changed so much that an appearence before a Magistrate is no longer neccessary ? I thought it was the courts who were supposed to decide if there was a case to answer, and then decide on Bail or Remand and not the Police.

Eric · 26-08-2008, 20:45

Quote:

Originally Posted by steeljack

more and more often whenever I read in a news report from the UK about the police making an arrest after some crime the accused are released on Bail while inquiries continue, even before a court appearence ,not just petty stuff like shop lifting and drunk and disorderly , but sometimes pretty serious stuff including knife crime ......has the law in the UK been changed so much that an appearence before a Magistrate is no longer neccessary ? I thought it was the courts who were supposed to decide if there was a case to answer, and then decide on Bail or Remand and not the Police.

This sounds kinda dumb .... do you mean that there is no bail hearing!

I find it hard to believe .... but that doesn't mean it can't be so.

cashman · 26-08-2008, 21:00

once of a day the magistrate decided if ya got bail or not, when ya appeared in court, the police had the right to object or not, if they did the " Norm" was remanded in custody.

BERNADETTE · 26-08-2008, 21:02

They just don't seem to remand many in custody these days. Add to that they let dangerous people out early on licence and quite a number appear to re-offend often causing fatalities. Our justice system is a farce

Royboy39 · 26-08-2008, 21:04

Quote:

Originally Posted by cashman

once of a day the magistrate decided if ya got bail or not, when ya appeared in court, the police had the right to object or not, if they did the " Norm" was remanded in custody.

It would be rather interesting to hear what our resident vote catchers have to say on this subject?

mthead · 26-08-2008, 21:05

I believe you get arrested and make a statement,then if the police see fit you get released on police bail to return to the police station at a said date,while the C.P.S. decide if there is enough evidence to take to court.

Lilly · 26-08-2008, 21:12

Quote:

Originally Posted by mthead

I believe you get arrested and make a statement,then if the police see fit you get released on police bail to return to the police station at a said date,while the C.P.S. decide if there is enough evidence to take to court.

That's as I understand it too....and if the crime is relatively minor you will appear at the Magistrates Court.

More serious crimes will be sent to Crown Court for trial by judge and jury.

BERNADETTE · 26-08-2008, 21:14

Could be wrong but I thought all cases went to Magistates Court for plea

cashman · 26-08-2008, 21:15

Quote:

Originally Posted by Royboy39

It would be rather interesting to hear what our resident vote catchers have to say on this subject?

i would be bloody suprised if they even respond to it.

it seemed to work far better the old way as most who lived at that time would agree i reckon, but then when ya know it all.

mthead · 26-08-2008, 21:16

Quote:

Originally Posted by Lilly

That's as I understand it too....and if the crime is relatively minor you will appear at the Magistrates Court.

More serious crimes will be sent to Crown Court for trial by judge and jury.

Yes thats right Lilly,also the accused has the right to ask for trial at Crown Court when appearing before a Magistrate if he/she fells they would gey a fairer hearing at Crown.

cashman · 26-08-2008, 21:16

Quote:

Originally Posted by BERNADETTE

Could be wrong but I thought all cases went to Magistates Court for plea

they used too.........

mthead · 26-08-2008, 21:18

Quote:

Originally Posted by BERNADETTE

Could be wrong but I thought all cases went to Magistates Court for plea

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.

Eric · 26-08-2008, 21:19

Quote:

Originally Posted by mthead

I believe you get arrested and make a statement,then if the police see fit you get released on police bail to return to the police station at a said date,while the C.P.S. decide if there is enough evidence to take to court.

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

cashman · 26-08-2008, 21:21

Quote:

Originally Posted by mthead

Yes thats right Lilly,also the accused has the right to ask for trial at Crown Court when appearing before a Magistrate if he/she fells they would gey a fairer hearing at Crown.

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.

mthead · 26-08-2008, 21:23

Quote:

Originally Posted by Eric

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

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.