Legal System

[maggiebee]

I don't think I will ever understand the British (Scottish?) legal system. Soldier up in court for shaking his girlfriend's 5 month old daughter so hard that her brain bled and she died. He's out on bail, presumably until his next court appearance. One sick individual who should be behind bars.

[anneasquith]

Once again we see just how little worth our babies/ children are.

[ummmm]

Whereas someone I loosely know (through the kids) has been charged of the murder of his 3 year old son and he's been on remand since his arrest a few months ago.

[hc4361]

He hasn't been found guilty yet - innocent until proven guilty and all that.

[New Judge]

Indeed.

The Bail Act 1976 says that all defendants have a right to bail unless it can be shown that they may either:

- Abscond (i.e. not turn up next time)
- Interfere with the course of justice (particularly witnesses)
- Commit further offences

There has to be evidence to support any of the above suspicions. So, if he hasn't committed any offences whilst on bail before, has not contacted witnesses before or has not failed to answer bail before the likelihood is he will be granted bail. If the court has particular concerns about any of the above it must first explore conditional bail to see if those concerns can be allayed by conditions before remanding the defendant in custody.

[ummmm]

That makes sense.