According to Black`s Law Dictionary, bail is defined as: “the security required by a court for the release of a prisoner who is scheduled to appear at a later date.” The purpose of arrest is to establish justice by bringing the accused to justice. However, if the same goal can be achieved without arrest, there is no need to violate one`s freedom. Therefore, the accused may be released on bail for parole. In People (AG) v. O`Callaghan (1966), the Irish Supreme Court held that the provisions of section 40.4 of the Irish Constitution, which guarantee personal liberty and the principle of habeas corpus, mean that a person charged with an offence may be denied bail only if he is likely to flee or disturb witnesses or evidence. The Sixteenth Amendment to the Irish Constitution, adopted by referendum in 1996, provided that a court could refuse bail to a suspect if it feared that he would commit a serious crime while on his or her release. The Bail Act 1997 was passed by the Oireachtas the following year and regulates security in the Republic. [33] Bail laws in Australia are similar to those in New Zealand, Canada and the United States, but differ from state to state. Each State considers that most counts give prima facie right to bail at the request of a defendant.
However, there is an exception when the charges are particularly serious, such as drug trafficking, domestic violence or murder. In such cases, there is no right to bail and it is necessary to discuss the circumstances justifying the granting of a deposit. [5] Section 2(a) of the Code of Criminal Procedure defines a bail offence as an offence that is classified as bailable in the first list of the Act or that is considered eligible for bail under another Act. An accused can automatically apply for bail if they are charged with a bail offence. The police officer or any other authority does not have the right to refuse bail if the accused is willing to pay bail. Under section 436 of the 1973 Code of Criminal Procedure, a person charged with a bail offence has the right to be released on bail at any time during detention without warrant and at any stage of the proceedings. Section 4 was added to section 438 by the Criminal Amendment Bill, 2018. The legislator inserted four clauses under Article 438. According to the amendment, a person charged with rape of a woman under the age of 16 or under 12, gang rape of a woman under the age of 16 and gang rape of a woman under the age of 12, which is punishable under sections 376 (3) and 376 AB, are not eligible for early bail. 376 DA or 376 DB under the Indian Penal Code (Punishment for Rape) 1860. Sometimes bail is tied to certain behaviour on the part of the accused – for example, that they have no contact with the alleged victim. In some countries, such as the United States and the Philippines, it is common for the deposit to be a deposit in cash (or other property).
[2] Known as a bail or cash bond, a sum of money is recorded so that the suspect can be released from pre-trial detention. If the suspect completes all required hearings, this deposit will be refunded. The county attorney`s office in each county is responsible for collecting bail debts. You should contact the county attorney`s office where a case will be filed for information about bail forfeiture. When considering bail, police and courts consider factors such as the likelihood of appearing in court, the nature of the crime, the person`s behaviour, whether they may reoffend while on bail, and whether evidence or witnesses may be tampered with. Some crimes (such as violence, drug trafficking or repeat offenders) automatically disqualify people from bail. People who have already breached their bail or conditions are less likely to be released on bail again. [26] The court may decide to cancel bail if the accused [20] There are currently approximately 2,300 CDI-licensed bail officers and organizations in California. Indian law emphasizes the principles of the presumption of innocence.
This principle embodies the right not to be arbitrarily detained and serves as a bulwark against punishment prior to conviction. More importantly, it prevents the state from successfully using its enormous resources to inflict more harm on an unconvicted defendant than it can inflict on society. In considering the defendant`s bail applications, courts are required to balance considerations of personal liberty with the public interest. Accordingly, the granting of a deposit should be the rule rather than the exception. [23] The Supreme Court stated in its judgments: “The deprivation of personal liberty when bail is denied is too precious a value of our constitutional system, recognized under section 21, that the decisive power to deny it is a great deal of trust that can be exercised not incidentally, but in court, with a keen concern for the cost to the individual and the community. Glorifying impressionist orders as a margin of discretion can sometimes make a contentious game decisive for a fundamental right. After all, the personal freedom of an accused or convicted person is fundamental, which is legally obscured only in relation to the procedure established by law. The courts have also ruled that foreigners cannot be deprived of the right to apply for bail. The Delhi High Court stated: “The Act does not permit a distinction to be made between Indian nationals and foreign nationals in relation to the granting of bail.
It is permissible for the court, taking into account the facts and circumstances of each case, to impose different conditions necessary for the accused to be available for trial. You cannot say that an accused is not released on bail because he is a foreigner. [24] Under the Police and Criminal Evidence Act 1984, a police officer of inspector rank or above has the power to release a person who has not been charged on bail. This release is considered bail under sections 3, 3A, 5 and 5A of the Bail Act 1976. [52] (Prior to the coming into force of the Police and Crimes Act of 2017, the arresting officer had this power, but now a suspect must generally be released or charged without bail.) This so-called “police bail” lasts for 28 days (or 3 months in Serious Fraud Office cases), after which the suspect must report to a designated police station where he can be charged or released. (Prior to the aforementioned 2017 law, police had the power to arbitrarily arbitrarily extend bail repeatedly arbitrarily for 28 days, resulting in some cases of individuals being effectively punished with restriction of liberty for more than a year without due process before their case was dropped.) The judge or magistrate decides on the amount of bail after weighing many factors: sections 436 to 450 lay down the provisions for the granting of bail and bail in criminal matters. The amount of security to be paid by the accused for release was not mentioned in the Code. Therefore, it is at the discretion of the court to set a financial cap on bond. The Supreme Court of India has presented several cases in which it has reiterated that the basic rule is bail and not jail.
One such case occurred in the state of Rajasthan, Jaipur v. Balchand @ Bailey, which the Supreme Court ruled on 20 September 1977 and held that the basic rule is bail and not imprisonment, unless there are circumstances suggesting absconding from justice or thwarting the course of justice or creating other problems in the form of recidivism or intimidation of witnesses and others by the applicant, who is seeking an extension of bail from the court. The Bank of Krishnaiyer, P.R. had noted that, in considering the issue of bail, the gravity of the offence and the heinous nature of the offence, which might cause the applicant to escape compensation, had to be weighed against the court. On the facts, the Supreme Court held that circumstances and social background did not militate against the applicant`s release on bail. [25] Bail is the money that a defendant pays as security that he or she will appear in court at a later date. Failure to return triggers the bail requirement and allows the court to retain the money provided as security. According to the American Bar Association, the judge or magistrate decides the amount of bail by weighing many factors, including: Debates about the nature and application of bail have remained, and still are, controversial. In 1963, more than half of the prisoners who were remanded in custody instead of released on bail before trial eventually received no prison sentence after conviction. This led to considerable questions about the quality of the English bail process at the time. [48] Nevertheless, it appears that the Bail Act 1898 achieved its purpose in the 1960s, as Home Office investigations[49] showed that the number of prisoners detained due to lack of bail funds was very low.