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Police Bail Case Study

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Power of police to grant bail in case of bailable offence:
Any person arrested by police without any order from the Magistrate and without a warrant under the circumstances mentioned in section 41 has to release him on bail if the offence with which he is concerned is a bailable offence.
In respect of the offences which are bailable under Schedule I of the Code of Criminal Procedure, the accused in view of section 436, Cr.P.C has the right to be released on bail. Therefore, when any person accused of a bailable offence is arrested or detained without warrant by an officer-in-charge of a police station and is prepared at any time while in the custody of such officer to give bail, such person shall be released on bail. The officer-in-charge of a police station if he thinks fit, may, instead of taking bail from such person, release him on his executing a bond without sureties for his appearance. It is part of his duty to inform the person arrested that he is entitled to be released on bail or to release him on bail without any move by or on behalf of the arrested person.
When a person is arrested in connection with a bailable …show more content…

If it appears to the officer-in-charge of a police station at any stage of the investigation that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further enquiry into his guilt, the accused shall be released on personal bond without demanding any sureties for his release.The police officer has to record sufficient reasons in the case diary. Therefore, the recording of the reasons in writing is mandatory as it puts the history of the case on record for superior police officers and the court for review and for passing

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The Victorian Bail Act 1977 outlines the provisions of bail, Section 4(1) a provides a presumption in favour of granting bail. “Any person accused of an offence and being held in custody in relation to that offence shall be granted bail” (Bail Act 1977 (Vic), s. 4(1)). This means that anyone charged of an offence should be granted bail unless there are circumstances which justify the refusal of bail. Under Section 4(2) there is a presumption against bail for serious offences including serious drug offences and terrorism offences (Bail Act 1977 (Vic), s. 4(2). Since Frank was caught with both drugs and terrorist weapons in his possession, the only way that he could be granted bail is if he proves there were ‘exceptional circumstances’ or show cause of why the bail should be granted (Bail Act 1977 (Vic), s. 4(4).

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I have chosen to grant Mr. Nelson release due to the strong arguments made by the defense and weak arguments put forth by the crown. First, as seen in both the case description as well as restated by both defense attorneys, Mr. Nelson “has no prior criminal record” (Jack B.), therefore, giving proof to how Mr. Nelson “has no intention of endangering the public in any capacity” (Jacob A.), as well as rebutting doubt against Mr. Nelson not appearing in court with a summons. These arguments support the base outlines for bail release: to ensure public safety, eliminate public fear, and to diminish possible doubts of flight risk/not appearing in court. Second, the defense makes the argument where despite Mr. Nelson being charged with conspiracy to commit murder, “while police did search his home, no illicit drugs

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On May3 the Birmingham jail was filling rapidly and Commissioner Connor, made changes to police tactics to keep protesters businesses downtown. While children were marching and singing Connor ordered that Birmingham’s firefighters uses hoses, set at a very high level to be turned on the children marching. The power of the hoses ripped young boy’s shirts off, and pushed young women on top of cars. The blast of the water rolled children down the streets nd sidewalks. As children were being hosed upon bystanders began to throw rocks and bottles at law enforcement.

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In our nation, when you are accused of a crime you go to jail. At the jail, you are given an amount of money you have to pay to get out of prison at your hearing, this is called a Bond. Bonds ensure that you go to court. If you pay all of the bond money up front and then go to court like you should, you get all of your money back. But people don’t usually have thousands of dollars to pay for Bonds.

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When the person is bailed out of the jail, he will be able to remain free until their trial date. If the person commits a crime while he out on bail, he may be arrested and sent back to jail. Bail Bond You have

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Being arrested and jailed throws you into a world that is unknown to most citizens. Few people know and understand fully the bail bonds process and how the legal system works. It is crucial to get knowledgeable help when arrest occurs in your life. A wise move is to hire a criminal defense lawyer who can not only help you be freed from jail, but can help you all along the way in your defense and trial process. Best case scenario, a defendant can be released "on his own recognizance.

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Whenever a person has criminal charges filed in opposition to him or her, courts set bail to make an effort to ensure the person charged may show up in the court for upcoming hearings. A bail is the amount of money the defendant has to deposit along with the courtroom to secure her or his freedom while the defendant 's case is being heard from the court. When the defendant will not pay the bond set by the judge, the defendant goes to jail until the court hears his or her case. In certain cases, the court may not actually make bail arrangements due to the fact it has confirmed that the defendant is actually a flight risk and may possibly try to escape the court 's jurisdiction as well as never appear for hearings. Figuring out the bail amount

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