When should bail not be granted?

What factors may be considered when deciding whether or not an accused person may be released before trial required to post bail or remanded into custody?

Bail Application Following Pretrial Detention: When a defendant moves for release on bail following pretrial detention, the court must consider three factors: "(1) the length of the pretrial detention; (2) the extent to which the prosecution is responsible for the delay of the trial; and (3) the strength of the ...

What is the most important factor in deciding whether to prosecute?

The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.

What are the exceptions to right to bail?

Bail may be a matter of right or judicial discretion. Under Section 13, Article III of the 1987 Constitution, all persons are entitled to bail as a matter of right, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong.

What are the conditions of bail?

What are problems with bail?

Several states and cities around the country are reducing or ending their use of money bail. The money bail system in the United States criminalizes poverty, destroys lives, and wastes public resources while failing to make us safer.

Does bail violate the Constitution?

Under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, cash bail systems are unconstitutional because they impermissibly discriminate against indigent persons and fail under heightened scrutiny.

What is the current criticism of the bail system?

Critics of cash bail say that the system unfairly targets poor people as an individual's ability to get out of jail before their trial becomes solely based on whether they can afford bail.

In what cases bail will be granted?

First, it is often granted after the arrest; Second, it is often granted to an individual who has been an undertrial prisoner for committing a non-bailable offense and; Third, a bail application also can be filed by an individual, who was convicted by the court and preferred an appeal against conviction.

Why does an accused has the right to bail?

BAIL AS A MATTER OF DISCRETION GENERAL RULE: Before conviction, bail is a matter of right for all offenses punishable by lower than reclusion perpetua, as to which the prosecution does not have the right to oppose nor to present evidence for its denial.

Why must an accused person post bail?

Bail is the amount of money defendants must post to be released from custody until their trial. Bail is not a fine. It is not supposed to be used as punishment. The purpose of bail is simply to ensure that defendants will appear for trial and all pretrial hearings for which they must be present.

In what situation can bail be refused?

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.

On what grounds bail can be granted or refused?

Factors to be considered while granting bail: It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge;(iii) severity of the punishment in the ...

What capital offense is not bailable?

Capital offense or an offense punishable by life imprisonment is non-bailable.

Can you be bailed if not charged?

Understanding Police Bail

Defendants that are bailed from a police station without charge are released with the requirement to return at a later date for a charging decision.

Can a person get bail after conviction?

Yes, the legal system has given one another provision for getting the bail to the accused person i.e. after conviction/sentence. Under Section 389 of Cr. p.c court can grant the bail to the accused person even after the conviction.

How do you oppose a bail application?

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Is a witness statement enough to convict?

What is reassuring for defendants is that whilst a signed statement from a complainant is enough for a charge, it is not necessarily enough to secure a conviction. The complainant must be able to convince the jury or magistrates that the defendant is guilty beyond reasonable doubt.

What factors do prosecutors consider in making a charging decision?