THE LAW REGARDING BAIL IN KENYA AND ITS PRACTICE Introduction Bail is one of the rights protected by the Constitution‚ based on the notion that one is presumed innocent by the law until proven guilty. In general‚ an individual accused of a crime must be held in the custody of the court until his or her guilt or innocence is determined. However‚ the court has the option of releasing the individual before that determination is made‚ and this option is called bail.1 Bail is set by the judge
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Using the issue of bail/remand‚ complete a practice piece of writing. The legal concept of bail refers to the conditional freedom of a person charged with a criminal offence. The purposes of bail are to protect society from potentially violent and dangerous offenders and to minimise the amount of inmates held on remand. The decision to grant bail is made by a magistrate in a formal bail hearing held in the local court. Under certain circumstances police can grant bail. Bail is a crucial part of the
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What is bail? Under law‚ if any subject is held for criminal charges‚ they can avoid arrest or jail if they put guarantee money in form of cash or property. This is a financial obligation that guarantees a person ’s future appearance. This pledge payment is made to the court by a third party as an agreement‚ and it acts as a guarantee for which the criminal defendant has to make an appearance in court later What is a bail bond? It is an agreement. Recently‚ Bail bond is applied through modern business
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Corruption of Running a Bail Bonds Business As early as 1912 – over one hundred years ago – critics were concerned that poor people remained in jail while awaiting trial solely because of their inability to pay even small bail amounts‚ that bail bondsmen had become too prominent in the administration of justice and that corruption plagued the industry. The Justice Policy Institute (JPI) feels that the bail bonding industry stands in the way of fair and effective pre-trial justice with much backed
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Q. ‘The bail legislation of Bangladesh is more focused on justification rather than risk based approach’-discuss this statement and give a comparative description in this regard between Bangladesh and New South Wales. I. INTRODUCTION In the discourse of criminal justice system bail is one of the arenas which not only generates a huge adherence but also a significant assumption. There are lot considerations take into place when the question of enlarging bail is comes into existence. The court or
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RIGHT TO BAIL UNDER INDIAN CRIMINAL LAWS In words of Krishna Iyer J. on the subject of bail:- “..... Belongs to the blurred area of criminal justice system and largely hinges on the hunch of the bench‚ otherwise called judicial discretion. The Code is cryptic on this topic and the Court prefers to be tacit‚ be the order custodial or not. And yet‚ the issue is one of liberty‚ justice‚ public safety and burden of public treasury all of which insist that a developed jurisprudence of bail is integral
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Bail Bail means that after someone has been charged they are free from police custody until the next stage of the process of the case (trial). The custody officer has the power to either decide if bail is granted or not. If the officer refuses to grant bail they must present the case to magistrate court soon as possible. Bail Bail means that after someone has been charged they are free from police custody until the next stage of the process
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The role of the court is to determine whether or not a crime has been committed and impose a sentence where appropriate. In the first instance the alleged offender will appear in the magistrates court where it will be decided whether or not to grant bail or remand in custody The victim is not required to attend court at this stage however the victim’s are
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detectives found a bag of her clothes along with her iPad. Some say that Pistorius had mistaken her for an intruder‚ but there was no sign of any forced entry in the home. Police have charged Pistorius with murder‚ and he will appear in court Tuesday for a bail hearing. “South African prosecutors have said they intend to upgrade the charge to premeditated murder‚ but have not released further details” (Chelsea J. Carter‚ Faith Karimi and Robyn Curnow‚ CNN). Pistorius says he rejects the murder allegations
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Legal Studies. Man jailed for crime spree A man from Gin Gin‚ west of Bundaberg in south-east Queensland‚ has been jailed for stealing more than $32‚000 during a seven-month crime spree. Anton Michael Janezic‚ 39‚ pleaded guilty to 34 charges including fraud‚ theft‚ drug and driving offences between September 2009 and April last year. Of the fraud charges‚ 15 relate to activity in the bank account of Duingal man‚ Robert Pitman‚ who was found dead in his caravan after a fire last April. Magistrate
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