News0 min ago
THIS IS JUST A HYPOTHETICAL QUESTION!
On a number of TV programs (OK - soaps) people are interviewed by the police, under caution, for various crimes up to suspicion of murder.
After questioning they are released on bail but there is no mention of any money being posted only the request to not disappear and/or surrender of their passport. Is this usual?
I understood that in bail cases somebody has to stand sureity that you will appear in court or they would forfeit the amount set in the conditions.
Is this not the case anymore?
After questioning they are released on bail but there is no mention of any money being posted only the request to not disappear and/or surrender of their passport. Is this usual?
I understood that in bail cases somebody has to stand sureity that you will appear in court or they would forfeit the amount set in the conditions.
Is this not the case anymore?
Answers
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The majority of people who are bailed are released on unconditional bail, with no surety involved. However a significant minority have conditions attached (such as living at a certain address) but still with no surety involved.
Very few people are considered to be a 'flight risk'. Even those who don't answer to bail are still very unlikely to actually 'go on the run'. It's only such a likelihood (which tends to occur more in fiction than in fact) which will require a surety.
http://www.yourrights...-defendants/bail.html
Chris
Very few people are considered to be a 'flight risk'. Even those who don't answer to bail are still very unlikely to actually 'go on the run'. It's only such a likelihood (which tends to occur more in fiction than in fact) which will require a surety.
http://www.yourrights...-defendants/bail.html
Chris
Yes, Chris is spot on and his link provides all the details.
A little bit more info to help: in the UK it is extremely unusual for somebody to be released on bail with a surety or security (as you will see from Chris’s link there is a difference) being required. You will also see from Chris’s link that all defendants have a right to bail unless the court has substantial grounds to believe that he might:
(a) Fail to appear as directed for the next hearing.
(b) Interfere with the course of justice (in particular approach witnesses).
(c) Commit further crime.
There has to be evidence to support that belief (not just a “hunch”) and even then bail with conditions (to reduce the identified risk) might be granted.
The question of a security or surety would only arise if it was suspected that the defendant might abscond but there are usually other more effective ways to reduce that risk, such as (for example) residence at a specific address, regular reporting to the police, or surrender of passport.
A little bit more info to help: in the UK it is extremely unusual for somebody to be released on bail with a surety or security (as you will see from Chris’s link there is a difference) being required. You will also see from Chris’s link that all defendants have a right to bail unless the court has substantial grounds to believe that he might:
(a) Fail to appear as directed for the next hearing.
(b) Interfere with the course of justice (in particular approach witnesses).
(c) Commit further crime.
There has to be evidence to support that belief (not just a “hunch”) and even then bail with conditions (to reduce the identified risk) might be granted.
The question of a security or surety would only arise if it was suspected that the defendant might abscond but there are usually other more effective ways to reduce that risk, such as (for example) residence at a specific address, regular reporting to the police, or surrender of passport.
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