Bail and remand. What is Bail? The Bail Application Process, Bail and Remand 2022-10-25
Bail and remand
Bail and remand are two terms that are often used in the criminal justice system to refer to the release or detention of a person who has been accused or convicted of a crime. Bail is a sum of money or other form of security that is required to be paid by the accused in order to be released from custody pending trial. Remand, on the other hand, refers to the detention of an accused person in custody, either prior to or following a trial.
The purpose of bail is to ensure that the accused person returns to court for their trial and any other required court appearances. It is not intended to be a punishment, but rather a way to guarantee the accused's attendance at future court proceedings. Bail can be granted by a judge or justice of the peace, and the amount is typically determined based on the seriousness of the offense and the perceived risk of the accused failing to attend court. In some cases, the accused may be released on their own recognizance, which means they do not have to pay bail but are still required to return to court.
If the accused is unable to pay the bail amount, they may be able to seek assistance from a bail bondsman, who will post the bail on their behalf in exchange for a fee. If the accused fails to appear in court as required, the bail may be forfeited and a warrant may be issued for their arrest.
In contrast to bail, remand is the detention of an accused person in custody prior to or following a trial. This may be ordered by a judge or justice of the peace if it is deemed necessary for the protection of the public, the administration of justice, or the safety or security of the accused. Remand may also be ordered if the accused is considered a flight risk or if they have previously failed to attend court as required.
The decision to grant bail or remand an accused person is an important one, as it has significant consequences for the individual involved and for society as a whole. The right to bail is an important principle of justice, as it allows individuals to be released from custody while they await trial, unless there are compelling reasons to detain them. At the same time, the decision to grant bail or remand an accused person must take into account the interests of public safety and the need to ensure that the accused returns to court for their trial.
Bail vs Remand
Remand bail allows a defendant to wait for the start of the trial without being physically detained in prison, on the condition that the defendant pays bail and later returns to court for trial proceedings. This provision is meant to serve as a check and a disincentive to lengthy police detentions. The definition of a remand is an act of being sent back. Also read: Where an arrest is not necessary for these reasons, it shall be recorded that the accused has not been arrested, and instead a notice under Section 41A — also introduced by the 2009 amendment — to appear before the police and aid the investigation shall be issued, and it is obligatory for the accused to comply with this notice. This may be granted in the police station after interview or the court after the preliminary hearing. In other words, when an accused is produced before the Magistrate, the police officer effecting the arrest is required to furnish to the Magistrate, the facts, reasons and its conclusions for arrest and the Magistrate in turn is to be satisfied that condition precedent for arrest under Section 41 Cr. In addition, some states—such as Florida—require.
Can you get bail on remand?
It is akin to running a Gestapo-a concentration camp. Conviction will not be an absolute bar to employment. ACJ Bill 2005 makes similar provision. Until a prisoner is sentenced, in theory they should be treated as innocent until proven guilty. How long can you be on remand for? For instance, Ikoyi Prisons, which has a capacity for 800 persons, has a population of 1, 900 out of which only 24 prisoners are convicts.
Remands: procedure in court, The Bail Act 1976
As nouns the difference between bail and remand is that bail is security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial while remand is the act of sending an accused person back into custody whilst awaiting trial. If the offence is bailable, the police must release the arrestee upon a reasonable security; if it is non-bailable, only a court can order their release on bail. . Why does someone get remanded? What happens to your phone when you go to jail? Remand is defined as to send back. Federal Republic of Nigeria, 2007 FWLR Pt. Supra note 44 Enwere v.
What is Bail? The Bail Application Process, Bail and Remand
Section 4 2 says that s. State 1988 2 NWLR Pt. If a Section 41A notice has been given, and the police claims non-compliance with the same , this claim must be assessed to be valid by the magistrate before any remand to custody can be given, and this independent assessment must be reflected in the remand order. By this Act, no Englishman could be held without a chance to post some sort of surety bond unless accused of a heinous crime or some other justifiable circumstance. Office of the Public Defender Law OPD Law 2003 which was reviewed in January 2008. The consequence is that investigations continue indefinitely while suspects fritter away in the police cells or prisons. Why is bail rejected? The new innovations in the area of bail and the novel provisions in the Lagos State Administration of Criminal Justice Law ACJL , 2007 and the Administration of Criminal Justice Bill ACJ 2005 on bail and remand are highlighted and the chapter concludes by making some recommendations for a better bail and remand regime.
What is bail and remand?
What is an example of remand? If bail is refused, then the arrested person is remanded in custody pending the next court hearing. The Crown Prosecution Service CPS representative is asked by the court if there are any objections to bail and, if so, to summarise them. The dictionary meaning of the word remand is to return or send back. Remand is used to refer to the process of remanding someone in custody or on bail, or to the period of time until their trial begins. A-G Federation, The practice of keeping suspects in deplorable conditions while in custody pending their trial is a glaring misinterpretation of the Constitution. I drove each cow into the empty ' bail , chained her in, roped the outer hind leg then washed and massaged the udder and teats.
What is the difference between remand and bail?
Although some prisons now have phones in each cell, most only have shared phones on each wing, meaning prisoners can only access them at certain times of day. Under Schedule One, Part IIA of the Bail Act 1976, a person is entitled to be granted bail at the first hearing at which he appears charged with an offence. Bail Appeals An accused person denied bail has the right to appeal for the grant of bail up to the Supreme Court. Port Hacourt Prison has capacity for 804 persons, but houses 2,924. What is the difference between bail and remand? However, a convicted prisoner is allowed one 'reception visit' within the first few days of arriving at prison and this visit does not require a visiting order. What can you wear to a jail visit? FRN, The case of Chief Gani Fawehinmi v.
What Does Remand Bail Mean?
It is funded mainly by the Lagos State Government and international donor agencies like the Ford Foundation and OSIWA The Police and Court Duty Solicitor Scheme A Duty Solicitor on duty at the police station or the court is a lawyer who provides free legal help to a person who is charged with an offence and does not have a personal lawyer. Corporate organizations should make donations towards this worthy cause for it to be sustained as finance is a major hindrance to its continuity and effective implementation. The police can hold you for up to 24 hours before they have to charge you with a crime or release you. Findley, Just Lucky , page 78, I reached across beneath the cow to attach a metal bail ' to each end of the strap so that the '''bail''' hung about 5 inches below the cow's belly. Section 27 of the Police Act provides as follows: When a person is arrested without a warrant, he shall be taken before a magistrate who has jurisdiction with respect to the offence with which he is charged or is empowered to deal with him under section 484 of the Criminal Procedure Act as soon as practicable after he is taken into custody: Provided that any police officer for the time being in charge of a police station may inquire into the case and— a except when the case appears to such officer to be of a serious nature, may release such person upon his entering into a recognizance, with or without sureties, for reasonable amount to appear before a magistrate at the day, time and place mentioned in the recognizance; or b if it appears to such officer that such inquiry cannot be completed forthwith, may release such person on his entering into a recognizance, with or without sureties for a reasonable amount, to appear at such police station and at such times as are named in the recognizance, unless he previously receives notice in writing from the superior police officer in charge of that police station that his attendance is not required, and any such bond may be enforced as if it were a recognizance conditional for the appearance of the said person before a magistrate. It is worth noting that when a person accused of an offence is first produced before a magistrate, the latter has a duty — and not the power of discretion — to release the accused if the preconditions of Section 41 are not met.
Explained: The Law of Arrest, Remand and Bail
This is in view of the case of Duro Ajayi v. The reason s must be based on the grounds for withholding bail set out in the Bail Act 1976 and must be recorded in a certificate which is handed to the defendant. C 23 Laws of the Federation of Nigeria, 2004 hereinafter referred to as the Constitution ibid for situations under which the right to personal liberty may be deprived. The English Parliament passed the Habeas Corpus Act in 1679 outlining procedures by which prisoners became eligible for bail and prohibiting judges from demanding excessive amounts of money or property for pre-trial release. State 2007 16 NWLR Pt. Justice Idris Mohammed granted Akingbola bail in the sum of N500 million with three sureties in like sum. The worst conditions constitute ill-treatment.
REMAND ORDERS, BAIL AND THE CRIMINAL JUSTICE SYSTEM
Can you get bail after sentencing? If bail is refused, the court must say why. What happens to your bank account when you go to jail? Remand, also known as pre-trial detention, preventive detention, or provisional detention, is the process of detaining a person until their trial after they have been arrested and charged with an offence. Bail is the process whereby a person who has been arrested and charged is released from police custody back into the community whilst awaiting the next court hearing. If the government believes that you financially benefitted from your criminal activity, such as selling drugs or insider trading, they may freeze or even take your assets. Does bail mean you have been charged? Section 120 of the CPA provides that the amount of bail to be taken in any case shall be in the discretion of the court by whom the order for the taking of such bail is made, shall be fixed with due regard to the circumstances of the case and shall not be excessive.