Bail v Remand

mthead said:
No you can Cashy at a Magistrate ask for it to be tried at Crown if you want to run the gaunlet of having a higher sentence bestowed upon you. Some do hoping the jury wont reach a unanimous decision.
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don't understand that:confused: each crime has a max n minimum tariff, the magistrates could only sentence you to 6 months max, thats how it was, so where is the sense in letting some jerk on a lesser charge,waste taxpayers money,if the max tariff fer the crime is not above the 6 months?
 
mthead said:
Yes they are Eric if you get remanded by the police,unfortunate if its on a friday night LOL:)They have to wait while monday then :)
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Definitely unfortunate .... here when the police bust drug dealers they usually do it on a Friday, esp. on a Friday before a long weekend:D
 
cashman said:
don't understand that:confused: each crime has a max n minimum tariff, the magistrates could only sentence you to 6 months max, thats how it was, so where is the sense in letting some jerk on a lesser charge,waste taxpayers money,if the max tariff fer the crime is not above the 6 months?
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I know but believe me it happens.Could name instances but wont LOL:)
 
Eric said:
Definitely unfortunate .... here when the police bust drug dealers they usually do it on a Friday, esp. on a Friday before a long weekend:D
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Yeah LOL but they deserve it LOL:DBest if its a bank holiday weekend :D
 
mthead said:
Yes they are Eric if you get remanded by the police,unfortunate if its on a friday night LOL:)They have to wait while monday then :)
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That is a very good point....Magistates are paid by the Crown to do a service for the community......If a serious offender is caught on Friday or Saturday night...why not make them appear in court the following day?
If you are in control of a business and a problem occurs, no matter what time of the day or night, you deal with it....why not Magistrates?
 
Royboy39 said:
That is a very good point....Magistates are paid by the Crown to do a service for the community......If a serious offender is caught on Friday or Saturday night...why not make them appear in court the following day?
If you are in control of a business and a problem occurs, no matter what time of the day or night, you deal with it....why not Magistrates?
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Like Bernadette said they do for serious crime.
 
Eric said:
So the police are acting as a court? I don't think I like this idea.:mad:
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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.
 
Royboy39 said:
That is a very good point....Magistates are paid by the Crown to do a service for the community......If a serious offender is caught on Friday or Saturday night...why not make them appear in court the following day?
If you are in control of a business and a problem occurs, no matter what time of the day or night, you deal with it....why not Magistrates?
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Nah, if a serious offender is caught on a Friday, let the sucker sit in the bucket until the first available bail court. And if I were arrested on a Friday, I would rather wait until Moday ... after all, who wants to face a magistrate all po'd because he has to miss his golf game.:eek:
 
Eric said:
Nah, if a serious offender is caught on a Friday, let the sucker sit in the bucket until the first available bail court. And if I were arrested on a Friday, I would rather wait until Moday ... after all, who wants to face a magistrate all po'd because he has to miss his golf game.:eek:
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LOL or rough from the beer night before LOL:D
 
Eric said:
Nah, if a serious offender is caught on a Friday, let the sucker sit in the bucket until the first available bail court. And if I were arrested on a Friday, I would rather wait until Moday ... after all, who wants to face a magistrate all po'd because he has to miss his golf game.:eek:
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Eric...the point we are trying to make is....because of the current system these tossers will not be locked up for the weekend...they will be bailed...and that is the problem.
 
Eric said:
Compensation ... you gotta be kidding:eek: But I guess you aren't .... but aren't bail hearings held the next day after the arrest? I just like the simple old-fashioned way: legislators make the laws, police bust people, courts judge them .... and the appeal courts and the Supreme Court keep an eye on the whole process. A clear division of powers and responsibilites.
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If you are falsely arrested and kept incommunicado for a period of time and then not charged you are in theory entitled to compensation.

Bail hearings are only held if the defendant has been charged with an offence and asks for bail, through his solicitor. The hearing usually take place at the next available Magistrates session.
 
Royboy39 said:
Eric...the point we are trying to make is....because of the current system these tossers will not be locked up for the weekend...they will be bailed...and that is the problem.
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Yes but like i said earlier,what if these tossers are innocent and choose to go for compensation for wrongfull arrest? Then it costs more than the keeping them in food etc .
 
thanks for the responses , I guess its been explained , so now there are Two types of Bail , 1 Police Bail .....where no charges are required , just suspicion . 2 Court Bail , imposed by the Magistrate, after a peson is charged and before trial .

Don't think I approve of Police Bail , just in the interests of fairness its tipping the scales to one side
 
steeljack said:
thanks for the responses , I guess its been explained , so now there are Two types of Bail , 1 Police Bail .....where no charges are required , just suspicion . 2 Court Bail , imposed by the Magistrate, after a peson is charged and before trial .

Don't think I approve of Police Bail , just in the interests of fairness its tipping the scales to one side
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But like me and Jambutty said what happens if the accused are innocent then its more tax payers money down the swanny?
 
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