Bail and remand. What is Bail? The Bail Application Process, Bail and Remand 2022-11-01
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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.
Can you get bail while on remand?
Does time on remand count towards sentence? ACJL Lagos State, 2007 contains a similar provision. However, in the legal world, it has two different meanings. The basic constitutional provision on dealing with arrested persons requires that once a person is arrested by the police or by any other person and handed over to the police, on suspicion of having committed an offence, the police is obliged to take the person to court within 24 hours if there is a court of competent jurisdiction within 40 kilometres of the place where the alleged offence was committed or within 48 hours or such longer period as is considered reasonable where there is no court within 40 kilometres of the place of the alleged commission of the offence. Later judgments have noted the duty of the magistracy to ensure compliance with these safeguards. Toilets are blocked and overflowing or simply nonexistent, and there is no running water. 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. Like all other discretions, it must be exercised judicially and judiciously.
High Court Law of Lagos State, Cap. Dress Code for Visitors of California Inmates No clothing that resembles the custodial staff including forest green pants, tan shirts, or camouflage. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail. What is an example of remand? As a result of this situation, many prisoners can not be conveyed to court thereby contributing to waste of time and delayed appearances of inmates in court This chapter discusses remand and bail regime in Nigeria. Can you send pictures to prisoners UK? 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. What does remanded mean in jail? On what basis the court gives bail to an accused? These prisons are clearly over crowded and the prison space and facilities are being over stretched to breaking limits going by the modest number of inmates they were constructed to take at inception.
In the event of a custodial sentence, whilst time spent on remand in custody will count towards the sentence automatically without any direction , the sentencer must give credit for time spent on an electronically monitored curfew or give reasons why it would be unjust to do so applying the 5 step process set out in s. Out of this number, 17, 164 have been on remand for between 5 and 17 years. An accused admitted to bail may be required to produce such surety or sureties as, in the opinion of the court admitting him to bail, will be sufficient to ensure his appearance as and when required and shall with him or them enter into a recognizance accordingly Courts are enjoined to approach the matter of bail liberally The penchant of judges to impose very stringent and sometimes impossible bail conditions sky rocketed about six years ago and such stringent terms have been the practice since then. You will probably be put on remand if: you have been charged with a serious crime, for example armed robbery. If you're under 18 you'll be taken to a secure centre for young people, not an adult prison. If a defendant is granted bail it means they are allowed back into the public while they await trial or further police investigations, instead of being remanded in custody ie, locked up. In such a case, the accused may be remanded in custody for a period ending not later than that date, or for a period of 28 clear days, whichever is the less.
REMAND ORDERS, BAIL AND THE CRIMINAL JUSTICE SYSTEM
The Court concluded that the plea of the applicant to defend himself in person was not an exceptional circumstance to warrant bail pending appeal. The Duty Solicitor Scheme was first initiated in Nigeria in 1999 under the Nigeria law project funded by the European Commission and the Irish development agency TrĂ³caire Besides this Court Duty Solicitor Scheme, there is also the Police Duty Solicitor Scheme, which is a Legal Aid Council initiative. 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. . Can you be held on remand without being charged? This is so because the applicant was not arraigned before the judge and has no case pending before him, therefore, he has to come properly before the court. Bail Pending the Final Determination of the Matter In bail pending trial, pursuant to provisions made by the enabling law or other statutes, which create the offence s charged, a trial court may admit to bail any person to be tried before it, while he is awaiting trial or during his trial. Remand is defined as to send back.
ACJ Bill 2005 makes similar provision. Yes, a person's prior criminal convictions can influence a judge's sentencing decision. See also the dictum of Tobi JCA at P. Conviction will not be an absolute bar to employment. Photographs must not be obscene. How long can you be kept in remand? The same legal criteria as mentioned above regarding the seriousness of the offence, the age of the juvenile,. .
. FRN, The case of Chief Gani Fawehinmi v. When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place. The Court also held that, although the law apparently confers such a right on a judge of the High Court, it is the general practice to refuse bail to a person charged with the offence of murder. This may also be on a kettle or pail, as the wire bail handle shown in the drawing.
What is Bail? The Bail Application Process, Bail and Remand
It follows that the defendant can still apply for bail during the 28-day period by giving notice to the court that he wishes to do so. Even if you do get a call, your phone number is not yet officially approved. What happens when on remand? Proof of evidence is very important in deciding on a bail application. In the exercise of that discretion, there are a lot of considerations factors to be considered. State 1992 8 NWLR Pt. This may be granted in the police station after interview or the court after the preliminary hearing.
Bail from a police station You can be given bail at the police station after you've been charged. The Police Duty Solicitor Scheme is a project of the Legal Aid Council in collaboration with the Open Society Justice Initiative, the Nigerian Police Force and lately the Macarthur Foundation. Bench warrants Under s. What can you wear to a jail visit? How long can you be held on remand UK? A person who has not been found guilty of an offence is prima facie entitled to his liberty whereas once he is convicted by a competent court, he is prima facie deprived of the right to liberty. The courts also consider the probability of delay in the trial of the case. Section 35 7 of the Constitution excludes the application of the provisions contained in section 35 4 dealing on appearance at court within a reasonable time and release if not tried, when it is a case involving a person detained upon reasonable suspicion of having committed a capital offence.
