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Describe how both the police and magistrates decide matters relating to the granting of bail to a person awaiting trial

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Introduction

Describe how both the police and magistrates decide matters relating to the granting of bail to a person awaiting trial Bail is the release of a criminal defendant in exchange for security to insure his/her appearance in court on the day and time appointed. The form of security given in exchange for bail is usually in the form of money yet can also be surety, where by a person unrelated to the charge in question will stand as assurance that the criminal defendant will appear at court on the appointed day. Every person brought before a court in criminal proceedings has a right to presume unconditional bail. There are, however, exceptions to these presumptions. In the case of an indictable offence where the defendant is charged with a very serious offence, for example murder and s/he has been previously charged with such an offence in the past. A very rare occurrence is the charge of treason by which no bail is granted and a number of dormant statutes come into effect. ...read more.

Middle

Where defendant has previously offended, apart from this act in itself counting against him/her, whether or not bail was granted on that occasion and whether there was any conditions applied and were those conditions followed. If a previous has been committed it and be used as a indicator as to whether here is a chance that further offences might be committed. A more serious scenario is that when a previously convicted defendant applying for bail has in a previous bail measure absconded thus breaking the certain degree of trust involved in the issuing of bail. If this is the case the chance of bail being granted on the repeat occasion is slimmed significantly by the mere fact that offending while on bail the first time is just as likely to occur on nay repeat occasion. This breach of bail conditions will not only count as offence in itself but will also increase in severity as a result of the scenario of it, having been committed while on bail. ...read more.

Conclusion

The awarding of bail is a compromise between a custodial remand and being at liberty, and the conditions imposed serve to regulate the difference. Conclusively my feeling is that bail is as a whole, although deemed a human right, to presumptuous of a good human nature. Despite the argument that it is a human right as an innocent defendant remanded in custody will receive nothing in the from of compensating his/her time at liberty lost, a more efficient court system would reduce the delay in court trail and thus remove the need for bail which in itself costs time and money. It cannot be said that no bail should be granted, even though in a personal level zero tolerance seems to be the only prevailing manner with which to deal with crime, because of those who will be remanded in custody for there innocence. However, can those few not endure this, lets call it an injustice, and as a result contribute to what would be a declining crime rate. ...read more.

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