"It has long been an important part of our constitutional tradition that bail should not be excessive. The introduction of the Criminal Justice Acts 2006-2007 and the Criminal Justice (Miscellaneous Provisions) Act 2009 has made the procedure for bail ever more stringent.”
In relation to the above statement, it is evident that with the development of the law governing Bail in this jurisdiction, whilst comparing both the regimes before and after the passing of the Bail Act in 1997, that the overall procedure regarding bail has become more rigorous in recent years. When Bail is granted to the accused it means that this person is released from custody in for an agreed fee to be paid to the courts if he does not show up to the next court sitting. In other words, a promise made, (a surety), that they will guarantee to show up for their trial. As explained by Sean E Quinn in his book on criminal law; “Bail is a recognizance or bond entered into by an authorised person who undertakes to ensure that the accused will appear for trial. An accused may be released on his own bail, but in serious cases independent bailsmen may be
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This had previously been seen in the O’Callaghan as well as with Veronica
R N Howie and P A Johnson, Annotated Criminal Legislation NSW, 2011-2102, (Lexis Nexis Butterworths 2012) 17769-1774
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
Bail is often left to the judge’s discretion and depending on the seriousness of the offense, the judge can act accordingly to the bail sentence, whether it may be a money bond or a mere promise to appear in court. The judge also has the authority to deny a defendant’s bail if deemed a danger to society. I personally believe the preventive detention act is important, especially in cases of high risk witness to testify against the defendant. U.S. v. Salerno is an intriguing case involving the captain of the Genovese crime family. Charges against Mr. Salerno demonstrated several accounts of racketeering and also alleged murder. Given such a high risk target, the courts rule to confine Mr. Salerno was important to protect
Conclusion: Congress hoped to achieve a greater degree of accuracy in assessing flight and danger of arrestees through establishing the Bail Reform Act of 1984, which set objective guidelines for judicial officers in assessing release conditions including taking into account for the first time the probability an offender will re-offend while on pretrial release. It was also hoped that the Act would bring back the community's trust in bond setting practice. Overall, the benefits of the Bail Reform Act of 1984 do exceed any detriments, but some problems do exist. These problems include the uniformity in the application of the Bail Reform Act of 1984, as well as the interpretation of dangerousness to the community. Through future legislative and executive reform, this Act will go through multiple changes until these issues are addressed.
This is offered to provide an incentive for “good behaviour” and ultimately rehabilitation during a sentence. The granting and restriction of parole is outlined in the Crimes (Sentencing Procedure) Act 1999 (NSW), and allows those with sentences of more than three years to be released after they have served their minimum sentences. The encouragement of rehabilitation upholds the rights of the community and offender, as the offender’s rights are not undermined by through excessively restricting their freedoms and the reintroduction of the rehabilitated offender into society minimises the threat of reoffending. However, the reward of parole for some offenders has resulted in community dissatisfaction. The Age article “Adrian Bayley should not have been on parole” represents a social concern regarding the leniency of parole for violent sexual offenders. The release of the evidently non-rehabilitated offender resulted in a breach of parole and the sexual assault and murder of Jill Meagher, a 29 year old Melbournian woman. As a result of the injustice of the lenient decision and subsequent community retaliation, new parole laws were introduced in Victoria during 2014. This legislation is outlined in the Corrections Amendment (Parole) Act 2014, and the penalty for breaching parole includes up to three months jail and/or a $4200 fine. Thus, there is greater justice for the victim and especially the community through the discouragement of crime for offenders who may not be rehabilitated and are released on
From the aforementioned cases, it is evident to see that the Australian legal system has not always been fair and just, however, over time it has been shaped and moulded to clearly represent what is now considered to be fair and just in our society. From the procedures and presumptions of how the legal system is administered to the law and regulations which determine what is the crime and punishment – these are based on the transparency, equality, freedom from bias, human rights, and established set of rules adhere to the justice and fairness of the legal system.
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
The principle of bail is basic to our system of justice and its practice as old as English law itself. When the administration of criminal justice was in its infancy, arrest for serious crime meant imprisonment without preliminary hearing and long periods of time could occur between apprehension and the arrival of the King's Justices to hold court. It was therefore a matter of utmost importance to a person under arrest to be able to obtain a provisional release from custody until his case was called. This was also the desideratum of the medieval sheriff, the representative of the Crown in criminal matters,
This type of legislation has been devised to allow for the detention of people based upon assessments of risk of re-offending, this essay will explore the concerns with these practices. This essay further aims to explore the moral and practical implications of such sentencing provisions and the impact it has on the whole Justice System. The writer will also address the conflicting goals of Corrections and the purpose and impact of indefinite sentencing while exploring the justifications against such legislation. This essay also aims to show that even though we may feel disgust for these types of offences we must remember the fundamentals of the Criminal Law system and understand that people are entitled to equality and fairness in the eyes of the law.
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
United States locks up more people, per capita, than any other nation. Bail system has failed to keep people arrested out jail and the increasing rate of people in jail is alarming. Many District Attorney forment defendant to take a plea deal, instead of waiting for a trial (Buettner). Bail reform has help put fewer people in jail, but has lead to many lost jobs for people who works at the jail. Bail system is a profit motive for the bail industry.
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.
The issue in this question is regarding the effect of Criminal Justice Act 2003 (CJA 2003) to previous English sentencing system regarding one of the aims of punishment i.e. retribution. It is a duty for courts to apply under section 142 (1) of CJA 2003. The section requires the courts to have regarded the aims in imposing sentence to offenders which has now plays a smaller role in serving punishment. And how profound this changes has been.
"A 'bailment' is the delivery of goods by one person to another for some purpose, upon a contract that they shall,, when the purpose is accomplished, be returned or otherwise disposed off according to the directions of the person delivering them. The person delivering the goods is called the 'bailor'. The person to whom they are delivered is called the 'bailee'.
This is one of the most important aspects of the criminal investigation process due to the fact that if the proper procedures aren’t followed, the validity of the case will be jeopardized. The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) outlines the conditions of which a person can be arrested and detained. A key term in the arresting process is ‘suspicion on reasonable grounds’ as this describes the discretion of the police in making arrests. Although for most arrests, a warrant is needed, police can arrest someone if they genuinely believe that the person is guilty of a crime. After a person has been arrested, they will be detained in a police station and this process is also outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The Act outlines the rights a person who has been detained, such as refreshment periods, and the procedures that the police must follow, this is all done to help protect the rights of citizens. If a person is charged with a crime, they will either be put in remand or be allowed to post bail. Bail, also referred to as conditional freedom, allows a person to retain certain rights, such as spend their time awaiting trial in their home, and this is outlined in the Bail Act 1978 (NSW). Bail is a great example in the criminal trial process achieving justice, as the concept of bail seeks to