Bail is a post arrest remedy aimed at the release of the arrested suspect till the date of his trial. The mechanism of bail can be best understood by studying the components that practically go into every bail decision, namely:
1) the circumstances leading, to the arrest and detention of a person;
2) the factors considered for arriving at the bail decision like police record~ relating to the offence, its bailable or non-bailable nature, the furnishing of the requisite security by the accused, the need for surety and so on.
3) and lastly by interpreting the law relating to bail.
I. CIRCUMSTANCES LEADING TO THE ARREST AND DETENTION OF A PERSON:
Whenever a crime is reported or comes to the knowledge of the police, it rounds up a number of
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Components that make a bail decision
a) The Police Records One of the most important components of a bail decision is the record maintained and updated by the police relating to the offence the accused is charged with. Entries made in the roznamah or the case diaries of the police is the edifice over which the State's case stands. As the executive arm of the criminal law, it is the duty of the police to collect legal evidence which will enable a court of law to determine the guilt of an accused charged with an offence. This duty is thrust upon the Standing police by the Police Act, 1861 and the Police Orders which prescribe various duties by way of maintenance of diaries, making various reports at different stages of investigation so that higher police officers and the magistracy can keep an overall check on the investigation.
There are three different kinds of, diaries that the police officers are required to maintain: the Station diary or the roznamah, the case diary and the pocket
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e) The bailable or non-bailable character of the offence
If the accusation relates to a non-serious and bailable offence, the magistrate ought to release the accused on bail if and when he is ready to furnish it to the amount set by the court. On the other hand, if the accusation as mentioned in these records relates to a serious and non-bailable offence, the magistrate mayor may not release the accused on bail depending upon the gravity of the offence, the weight of the evidence, the accused's past record etc. This factor has important influence upon a bail decision.
Whenever an application for bail is submitted to the court, the first question to be decided is whether the offence for which the accused is being prosecuted is bailable or non-bailable.
Section 2 (a) of the Code purports to define bailable offence as "an offence which is shown bailable in the First Schedule, or which is made bailable by any other law for the time being in force and non-bailable offence means any other offence. There are thus two kinds of offences in criminal law according to this
When an offender is sentenced to imprisonment, post sentencing considerations must be made based on an evaluation of the individual and this will determine the manner in which the prison sentence is served. Post sentencing considerations include security classifications, parole and continued detention orders. These offer different levels of incapacity, accessibility of rehabilitation programs and incentives for good behaviour, and are implicated in order to achieve justice through upholding the rights of the victim, the offender and the wider community.
When police officers investigate suspect, especially a criminal suspect, public interest was against and officers owe a duty of care to general public for the purpose of public safety. Meanwhile, private interest was against as well and officers owe a duty of care to suspect to ensure suspect’s rights and avoid charging innocent person. In order to balance these two conflict interests, a clear standard of care need to be established so police officers could follow the procedures to prevent negligent investigation.
Society, the community, perhaps the largest single factor regarding the decision of bail. An application for bail is essentially a theoretical evaluation between the interests of an individual and a public association. The inculpated on one side are entitled to their own liberty and presumption of innocent until proven guilty, and society on the other side expects to be protected and safe. Practically an evaluation of bail should be determined on the presumption of innocenc...
Pretrial diversion process is when defendants charged with non-serious offenses are diverted in lieu of prosecution, if they agree to complete certain requirements such as community services, enrollment in rehabilitation program, conditional supervision. The process give first time offenders a second chance at having a clean criminal record. The prosecutor’s office serve as a gateway as to which defendants are eligible for pretrial diversion process. Defendants are evaluate on certain factors to determine if the likelihood of future criminal behavior or noncompliance.
Bail Bonds System An area of the criminal justice system that has seemingly been around forever is the bail bonds system. Bail is an amount of money given to the courts by an accused person to be released from jail (Lartey, 2017). Bail is different for a variety of offenses. For felonies, bail may be set very high or even denied.
Bail furthers the presumption of innocence until guilt is absolutely proven, beyond the shadow of a doubt. If it weren’t for bail, the accused suspect would virtually be serving a sentence for a crime he or she has not been convicted of committing. Excessive bail has the same effect. The idea behind bail is to make sure the accused is present during the trial. If one’s bail is , in fact, excessive, the amount is set higher than is reasonable.
When an individual enters the criminal justice system, it always begins with the police. So in order for police to be involved in any situation, there has to be a crime committed or violation of any law which has been put in place by the government. As the police act as the enforcement agents of these laws, they are the first ones to be involved. There are four steps that police follows when there is a crime – the crime itself, the report of the crime, the investigation of the crime, and the arrest to finish this process – these are the very basic avenues which police follows.
Throughout this paper, one will obtain a better understanding of the correctional system and how it is an important aspect of the criminal justice system. Therefore, the history of corrections, their mission statement, and sentencing goals will be briefly discussed. In the correctional system, there are different alternatives to imprisonment, such as probation, parole, and intermediate sanctions. I believe that parole makes a significant impact on the criminal justice system because it gives inmates who have already served time and shown good behavior the opportunity to be released early from prison. For example, there are two primary models of parole. First, the parole board grants a prisoner their parole based on their judgement
the police, who, in turn, after inquiry and investigation, approaches the 'guilt-determination agency of the state', i.e. a competent criminal court. However, the police, the first State agency with whom a of crime comes in contact, in most of the cases, either show theirindifferent attitude to him or professional insincerity and apathy to register his complaint. Police, unfortunately, in majority of the cases, treat him as an accused and start harassing him under the guise of collecting adequate information from him for setting 'directions of their investigations. Investigation of his complaint is exclusively within the police domain. A victim/informant has no role to, play in it unless the Investigation Officer (IO) concerned considers it necessary. Further, if he is required to participate in the criminal justice process as a material source of evidence, i.e. prosecution witness, he puts himself in a position of some vulnerability. He is at the mercy of questioning by prosecution and defence lawyer alike. He has, if necessary, to identify the 'suspects' of the crime. He, being a material source ()I' information, also takes the risk of being intimidated by the accused directly or through his friends or well-wishers indirectly to dissuade and deter him from deposing the 'truth'. Frequent
The Exceptions under Section 27 of the Evidence Act. Section 27 of the Evidence Act illustrates the consequences of any information received from an accused person who is under the police officer’s custody and the fact that whether it amounts to a confession or not relates to the fact as to whether or not it may be proved and it has been strictly complied with the said section. This section serves as an exception to the law of confessions as provided under s.24, 25, and 26 of the Evidence Act. The admissibility of this section is not affected by section 113 of the Criminal Procedure Code. In reference to the precedent case of Pulukuri Kotayya & Ors v Emperor, it discussed the necessary conditions required to operate the said section.
These are, either-way offences that are disposed to the magistrate’s courts. Court cases with an estimated sentencing of over 2 years will be sent to the Crown, also cases where the defendant had been found guilty in Magistrates or for a full trial with a jury. Each case will be assisted by a legal advisor, who will give advice to the Magistrates in which direction they should possible follow, allowing the Magistrates to always follow the correct procedures. 3 magistrates will commonly judge each case, again assisted by a magistrate who is trained to act as a chairperson. Cases such as: rape, robbery and murder will not be trailed in Magistrates due to the seriousness of the case, these kinds of cases will always be trailed within a Crown court.
consideration" . And this very definition of bailment was used by the Supreme Court of India in the case of Gujarat v. Menon Mohammad .
It moots a ‘clear and convincing’ standard, that is, it is enough if the court is convinced that something is true. Such a measure would have adverse implications for suspects, and requires considerable deliberation. There is some understandable disquiet about the state of criminal justice administration in the country and there is a crying need for a wide range of reforms. As the Madhava Menon Committee’s ‘Draft National Policy on Criminal Justice’ (2007) noted, such popular dissatisfaction arises from the low rate of conviction, the apparent role of money and influence in the outcome of cases, delayed and denied justice, lack of protection to witnesses and inadequate attention to crime victims. The widespread perception that there is corruption on the one hand and a deep nexus between crime syndicates and politicians on the other, has added to the erosion of public confidence in the justice delivery system.
According to Howard League for Penal Reform (2017), “prisons are rivers of Crime” and that the state of the prisons should be seen as a national emergency. In support for this statement is the statistics that has been released by the office for National statistics (ONS, 2017), that indicates that there has been an increase of 9% in crime compared to 2016. However, it could be argued that prisons were aimed at detaining a person or deterring people from committing any offences so that their punishment would be arrived at and the offender would receive what came of his/her crime. In most cases, any convicted or accused offender is always sent to prison/remand awaiting conviction or trial of his or her crimes. Per, Criminal Justice Act 2003, an indeterminate sentence can be imposed if the offender poses a potential risk to the public or is convicted of serious offences.
I. Introduction Virtually absent there is a day in which one does not talk about victims of crime. The media, politicians, judges, to mention a few, every day discuss their plight, nevertheless their progress remain un-flourished, their voice remain unheard and their misery remain unalleviated; the hapless victims of crimes remain helpless and hopeless. Everyone speaks about them, yet no one speaks for them. Everyone discusses their number but does little to address the countless obstacles they face to secure justice. India bears a Criminal Justice System passed to her by the colonial rulers and she continues to carry it with a few titivates.