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Bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded. In other countries, such as the United Kingdom, bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. Bail offered before charge is known as pre-charge or p ...
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Bail In The United Kingdom
Bail in the United Kingdom is the practice of releasing individuals from police custody or from Remand (detention), remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute. The legal systems of English Law, England and Wales, Law of Northern Ireland, Northern Ireland and of Law of Scotland, Scotland each deal with bail in similar but distinct ways. Bail can be granted by the Courts of England and Wales, courts, the Law enforcement in the United Kingdom, police and certain other criminal justice authorities including the Serious Fraud Office (United Kingdom), Serious Fraud Office (SFO) and Financial Conduct Authority, Financial Conduct Authority (FCA). Bail in this context is distinct from the Bail bondsman, bail bonds system applied Bail in the United States, in the United Stat ...
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Bail Bondsman
A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court. Bail bond agents are almost exclusively found in the United States because the practice of bail bonding is illegal in most other countries. The industry is represented by various trade associations with the Professional Bail Agents of the United States and the American Bail Coalition forming an umbrella group for bail agents and surety companies and the National Association of Fugitive Recovery Agents representing the bounty hunting industry. Organizations that represent the legal profession, including the American Bar Association and the National District Attorneys Association, oppose the practice of bond dealing by claiming that it discriminates against poor and middle-class defendants while doing nothing for public safety. History The first modern bail bonds business in the United Sta ...
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Alternatives To Incarceration
Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or Electronic monitoring in the United States, custodial supervision. Decarceration, the opposite of Incarceration in the United States, incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the List of countries by incarceration rate, world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarcerati ...
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Randy Blythe's Manslaughter Charges
The Randy Blythe manslaughter case was a court case in the Czech Republic, stemming from a 2010 Lamb of God (band), Lamb of God concert in Prague, wherein 19-year-old fan Daniel Nosek sustained head injuries leading to a coma and death. During the investigation, Czech police unsuccessfully asked United States authorities for cooperation. When the band returned to the Czech Republic for another concert two years later, its vocalist Randy Blythe was arrested, charged with causing Nosek's death, and Remand in the Czech Republic, remanded in custody for five weeks. According to a verdict delivered by the Municipal Court in Prague on March 5, 2013, it was proven that Blythe had thrown Nosek offstage and thus had moral responsibility for his death. However, due to the circumstances, Blythe was not held criminally liable, and most of the blame lay with promoters and security members. The acquittal was upheld by the Prague High Court on June 5, 2013. The trial was documented in the film ...
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Pre-trial Detention
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "jail" is instead the main terminology. Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment. Because imprisonment without trial is contrary to the presumption of innocence, pretrial detention in liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that they could commit a serious crime, interfere with the investigati ...
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Failure To Appear
A "failure to appear" (FTA), also known as "bail jumping", occurs when a defendant or respondent does not come before a tribunal as directed in a summons. In the United States, FTAs are punishable by fines, incarceration, or both when committed by a criminal defendant. The severity of the punishment depends on the seriousness of the criminal charges that were the subject of the missed proceeding. An FTA may trigger a bench warrant for the defendant's arrest and impair their eligibility for bail and pretrial release in subsequent proceedings. In the United States Historically Punishments for FTAs originated out of courts' contempt powers. The Judiciary Act of 1789, the first federal framework governing pretrial detention, did not single out FTAs for punishment but decreed that there should be sanctions for "all contempts of authority". Specific penalties for FTAs emerged on the heels of the federal government's campaign to prosecute Communist leaders under the Smith Act of 19 ...
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Code Of Criminal Procedure, 1973
The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), was the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents. On 11 August 2023, a Bill to replace the CrPC with the Bharatiya Nagarik Suraksha Sanhita (BNSS) was introduced in the Lok Sabha. On 26 December 2023, it was replaced with Bharatiya Nagarik Suraksha Sanhita (BNSS). History In medieval India, subsequent to the law set by the Muslims, the Mohammedan Criminal Law came into prevalence. The British rulers passed the Regulating Act 1773 under which a Supreme Court was establi ...
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Released On Recognizance
In some common law nations, a recognizance is a conditional pledge of money undertaken by a person before a court which, if the person defaults, the person or their sureties will forfeit that sum. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that they owe a personal debt to the state. A recognizance is subject to a " defeasance"; that is, the obligation will be avoided if person bound does some particular act, such as appearing in court on a particular day, or keeping the peace. In criminal cases the concept is used both as a form of bail when a person has been charged but not tried and also when a person has been found guilty at trial as an incentive not to commit further misconduct. The concept of a recognizance exists in Australia, Canada, Hong Kong, the Republic of Ireland, and the United States. Recognizances were frequently used by courts of quarter sessions, for example they make ...
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Grievous Bodily Harm
Assault occasioning grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", Archbold Criminal Pleading, Evidence and Practice, 1999, paragraph 19-201 at page 1614 whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm". Statute Section 18 This section now reads: The words omitted in the first to third places specifically included shooting or attempting to shoot, and included some words considered redundant; they were repealed by section 10(2) of, and Part III of Schedule 3 to, the Crim ...
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Surety
In finance, a surety , surety bond, or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a person or company (a ''surety'' or ''guarantor'') to pay one party (the ''obligee'') a certain amount if a second party (the ''principal'') fails to meet some obligation, such as fulfilling the terms of a contract. The surety bond protects the obligee against losses resulting from the principal's failure to meet the obligation. Overview A surety bond is defined as a contract among at least three parties: * the ''obligee'': the party who is the recipient of an obligation * the ''principal'': the primary party who will perform the contractual obligation * the ''surety'': who assures the obligee that the principal can perform the task European surety bonds can be issued by banks and surety companies. If issued by banks they are called "Bank Guaranties" in English a ...
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Summons
A summons (also known in England and Wales as a claim form or plaint note, and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of government (an ''administrative summons'') for various purposes. Judicial summons A judicial summons is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or the person's presence as witness may be required. In the former case, the summons will typically announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court. In some jurisdictions, it may be drafted in legal English difficult for the layman to understand, while several U.S. states expressly require summonses to be drafted in plain English and that they must start with this phrase: "Notice! You have been sued." The summon ...
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