Pistorius

[princerupe74]

I cannot believe Oscar Pistorius is basically a free man. His late girlfriend's family must be livid about it, on top of all else they're going through. If the incident had occurred in the UK he'd have been kept behind bars ever since wouldn't he?

[jno]

maybe; the judge would probably decide how much of a risk he posed to the world and how lilkely he was to flee the country. But different countries do things differently and it may the people who live there think differently too, I don't know.

[Kevink]

As in the UK, he is presumed innocent until proven guilty. The purpose of remanding an accused is to ensure that they turn up for the trial, don't try to flee, prevent witness intimidation, and (if it's for example, a suspected gangster or serial killer) to prevent them from re-offending. It's not a punishment. Bail should always be offered unless there is a compelling reason not to offer it.

[FredPuli43]

Murder has been seen here as the one charge on which the defendant is not presumed to have a right to bail , so Pistorius would have been refused it. We do refuse bail much more than courts in some other jurisdictions, notably the USA do.

Once tried to get bail on attempted murder and was met with the disarming reply from the magistrate "I did once grant bail on attempted murder. Unfortunately, the man took the opportunity of going back and finishing the job! Bail refused" At least Pistorius's lawyer hadn't got that problem :)

[LazyGun]

@ Fred - LoL; sounds like a judge with one of yer actual senses of humour that has not atrophied :)