Bail and remand. Explained: The Law of Arrest, Remand and Bail 2022-10-22
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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?
. What about the rules governing bail? State supra note 110 and Ebute v. 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. They can apply to hold you for up to 36 or 96 hours if you're suspected of a serious crime, eg murder. Remand implies a return. It is also known that as the likelihood of conviction increases, the risk of the accused person fleeing also increases, which in turn drives up the amount of bail and the terms the accused will have to meet. Women Sureties Section 118 of the ACJL Lagos State, 2007 addressed the long standing practice whereby the police discriminate against women in the matter of standing surety for bail applicants.
REMAND ORDERS, BAIL AND THE CRIMINAL JUSTICE SYSTEM
Often, bail refers to a form of pretrial release when someone is accused of a crime. The defendant must be brought before the court on at least every fourth application for his remand s. Bench warrants Under s. For instance, Kuje Prisons in Abuja, which serves about 30 judicial divisions, has only three vehicles in its fleet. How do you calculate period for default bail? If you're under 18 you'll be taken to a secure centre for young people, not an adult prison. The objections to bail are simply given by the CPS representative in court; a police officer will not usually be called to give evidence in support of the objections.
In other words, the Bill conferred jurisdiction to hear remand proceedings on the magistrate, which is unrelated to the jurisdiction to try the substantive offence with which the person may be finally charged with before a court. From the perspective of the indigent suspect if this provision is applied, his bail prospect may not be realized. Section 17 of the CPA further mandates the police to take a person to court or release the person as soon as practicable whether or not investigation into the offence has been completed. Remands in the absence of the defendant The provisions of s. Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. Bail is the process whereby a person who has been arrested and charged is released from police custody back into the community whilst awaiting the next court hearing.
The right to bail is connected to, and essential for the fulfilment of the right of every person accused of a criminal offence to be given adequate time and facilities for the preparation of his defence Constitution guarantees his right to counsel, it is a known fact that the Nigerian police detest and resist consultations between suspects and their counsel before and during interrogation. A gave a very comprehensive definition of bail in Ojo v. As verbs the difference between bail and remand is that bail is to secure the release of an arrested person by providing bail while remand is to send a prisoner back to custody. One would be more comfortable with a situation where the initial period is 7 days, that is, 1 week, and a review period, of 5 days. Given the paramountcy of liberty in our constitutional scheme, the.
What happens when your on remand? How long police can hold you in custody depends entirely on the circumstance. You have two chances to apply for bail at the magistrates court, or if there is a change in your circumstances. The High Court has the discretion to grant an application for bail to an applicant charged with an offence of murder. Quite a few schools have tried it and bailed. The same legal criteria as mentioned above regarding the seriousness of the offence, the age of the juvenile,. What does remanded mean in jail? Fundamentals of Criminal Justice, Boston: Pearson 2004 , p. However, this provision is relaxed by section 341 3 which gives the court discretion in the matter not withstanding section 341 1.
Remanded Appeals This occurs when the appellate court finds that the lower court's judge made some error related to the laws or facts in your case. The prosecution will not normally reply to the defence bail application. N 2007 13 NWLR Pt. After the expiration of the 30 days, the Magistrate shall order the release of the person remanded unless good cause is shown why there should be further remand order for a period not exceeding one month. The Magistrate before authorising detention will record its own satisfaction, may be in brief but the said satisfaction must reflect from its order. .
Issues in Justice Administration in Nigeria, Essays in Honour of Hon. 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. . The sureties who should be responsible Nigerians were to have landed property within the jurisdiction of the court and were to produce evidence of tax payment in the last eight years. The defendant may then make an application for bail. 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.
Toilets are blocked and overflowing or simply nonexistent, and there is no running water. The Federal Bureau of Prisons does not permit conjugal visits. Like all other discretions, it must be exercised judicially and judiciously. Importance of Proof of Evidence From the authorities, the position of the law is that a bail applicant must place some form of material for consideration of the court in dealing with the application. 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.
Where the accused person has been convicted, the application should be by way of motion supported by an affidavit. If a remand in custody is sought, he may apply for bail using any argument of fact or law that he chooses. Criminal Procedure in Nigeria, Law and Practice, London: Blackstone Press Ltd. The court informs the accused that it appears to the court more suitable for summary trial to take place for the offence, and that he can either consent to summary trial or,. In September the government extended custody time limits — the amount of time that someone can be held on remand — from six to eight months. However, the police at times lack the ability to carry out investigations efficiently and detention is often a kick starter of an extortion or torture custom. ACJL 2007 mandates the police to inform the Attorney-General of Lagos State of any arrests they make every week, within one week of the arrest.
What is Bail? The Bail Application Process, Bail and Remand
Maidugri Law Journal 1990, p. ACJ Bill 2005 makes similar provision. P 19 Laws of the Federation of Nigeria, 2004. What happens when on remand? This means you'll be released from custody until your first court hearing. The Court considered the decision in Chukwunyere v.
