Can you be remanded when answering bail?
Asked by: Betty Hilpert | Last update: August 8, 2022Score: 4.1/5 (10 votes)
If you are arrested for breaking post-charge bail, you would be taken to court in custody, you could also be held on remand but this is extremely rare.
What does answering bail mean UK?
If you have been arrested for a criminal offence, you may be granted bail. This will allow you to go home until your court case is due, however, you may have to agree to certain conditions.
What does remanded on bail mean UK?
If the court decides to put you on remand it means you'll go to prison until your trial begins. If you're under 18 you'll be taken to a secure centre for young people, not an adult prison. You will probably be put on remand if: you have been charged with a serious crime, for example armed robbery.
How does bail work in South Africa?
Bail is a sum of money paid to the court or to the police. When the court case is over, the bail money is paid back even if the accused is found guilty. However, if the accused does not come to court on the day of their court case, or if they break any of their bail conditions, the bail may be forfeited.
What happens if you breach your bail conditions UK?
What happens if bail conditions are broken? A defendant who breaches their bail conditions will be brought back to court, where a judge or magistrates will decide whether to remand them in custody or release them again.
COURT BAIL and COURT BAIL PROCESS | BlackBeltBarrister
What happens when answering bail?
It involves release from police custody to await a later appearance at court or a police station. Your case can be dropped while you're on bail. If you are bailed without charge, called 'pre-charge bail' this means that you will have to appear at a police station at a later date.
How long can you be on remand for?
In September the government extended custody time limits – the amount of time that someone can be held on remand – from six to eight months.
What are the 3 main grounds for refusing bail?
any financial loss the accused may suffer owing to the detention. any impediment to the preparation of the accused's defence or any delay in obtaining legal representation the detention might cause. the health of the accused. any other factor the court believes should be taken into account.
Do you have a criminal record if charges are dropped in South Africa?
Is the Record Permanent? Unfortunately yes, once you have been arrested, booked and fingerprinted, this record is permanent. The good thing is that only law enforcement and the courts have access to this record.
What does the court look at when granting bail?
In terms of this factor, the court will look at the disposition of violence on the part of the accused, as it is evident from his or her past conduct and a threat of violence which the accused may have made to any person. Lastly, personal factors of the accused may play a crucial role in the court granting bail.
Does bail mean you have been charged?
Bail from a police station
You can be given bail at the police station after you've been charged. This means you'll be released from custody until your first court hearing. If you're given bail, you might have to agree to conditions like: living at a particular address.
Can you be remanded without charge?
The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. Not all countries have such a concept, and in those that do, the period for which a person may be detained without charge varies by jurisdiction.
How long can you be on bail for without being charged UK?
Understanding Police Bail
The initial bail period is 28 days but can be extended up to 3 months by a Superintendent. If the Police wish to have bail extended further this will have to be done through the Magistrates' Court. Whilst breaching police bail is not an offence in itself, it can lead to you being arrested.
Do you need a solicitor to answer bail?
Do I need a solicitor if I am to be charged? Yes, you need advice before charge because anything that you say at the time of charge is admissible evidence against you. You need to have the charges explained to you and you need a solicitor to represent you who knows about your case.
Can bail conditions be lifted?
The terms of a release order can be changed in accordance with section 523(2) of the Criminal Code. Often, purposed bail conditions are accepted by an accused person simply so that they can be released from custody.
What happens at bail hearing?
The purpose is for the court to inquire into the likelihood of the defendant reappearing at his or her criminal trial. This hearing also sets the exact amount of the bail which will be required, if granted. Evidence may be presented by the defendant and the decision is ultimately made by the court.
How much does it cost to clear a criminal record in South Africa?
The cost of the expungement process is R2,243. The standard duration for a criminal record expungement is anywhere from 7 - 10 months, and is beyond our control.
Can I clear my criminal record after 5 years?
You may apply for expungement if: - The offence was committed when you were under 18 years of age. - Five years have lapsed after the date of conviction in the case of a Schedule 1 offence.
How long does a criminal record last in South Africa?
You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
When should bail not be granted?
That the accused person is a woman would not entitle her for bail outright, if the offence is a grave or heinous one. Similarly, if the accused person had been previously convicted for an offence punishable with death, imprisonment for life, or imprisonment for seven years, or more, he should not be released on bail.
Why would bail not be granted?
If a defendant is charged with a crime not punishable with a prison sentence, bail can only be refused if the defendant has failed to surrender to bail in the past and there are grounds for reasonably believing the defendant is likely to do the same thing again.
Under what circumstance would bail be refused?
An accused person must be refused bail if there is an 'unacceptable risk' that, if granted bail, they will fail to appear, commit an offence, endanger the safety or welfare of any person or obstruct the course of justice or interfere with a witness (see s 4E).
Does remand come off your sentence?
Until a prisoner is sentenced, in theory they should be treated as innocent until proven guilty. Most of those in custody on remand have been remanded and are awaiting trial, they have not been convicted of a criminal offence. Judges Remand is when a prisoner has been convicted and is waiting to be sentenced.
Can you visit someone on remand?
A convicted prisoner is usually allowed at least two 1-hour visits every 4 weeks. A prisoner on remand (waiting for their trial) is allowed three 1-hour visits a week.
Can you call someone on remand?
Although some prisons now have phones in each cell, most only have shared phones on each wing, meaning prisoners can only access them at certain times of day. In either case, it is not possible to call a prisoner - they can only make outbound calls to pre-approved numbers listed on the their “pin”.