Thread: Bail v Remand
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Old 26-08-2008, 21:56   #30
jambutty
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Cool Re: Bail v Remand

Quote:
Originally Posted by Eric View Post
So the police are acting as a court? I don't think I like this idea.
I think that you might be missing the point Eric.

These days the police seem to arrest someone just on SUSPICION of committing a crime whereas not too long ago a person was arrested for actually committing a crime. The arresting officer must have concrete suspicions and not arrest someone on a whim.

However suspicion is not enough to convict someone so they could be given police bail until evidence can be collected and the culprit is then charged with the crime. The case is then brought before a Magistrate’s Court, the police and defendant argue their case and the bench decides if bail is warranted or the prisoner is remanded into custody.

Once a person has been arrested on suspicion, the police have 48 hours, I think it is, to question the suspect and during that time the suspect is kept in police cells. The cops can apply to a Magistrate for an extension but there is a limit. Once the time limit has been reached the police have to either charge the suspect or let him go, usually on police bail. The police are unlikely to charge someone unless they have, or think they have the evidence to support the charge.

However if the suspected crime is terrorist related the duration is 28 days, I think, and the government wanted to extend that to 42 days. But that’s another argument.
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