Why might a judge not allow an accused person to post bail?Asked by: Ali Mante | Last update: February 19, 2022
Score: 4.7/5 (42 votes)
A judge can deny bail in the following cases: capital crimes, violent felonies if there is a substantial likelihood that release would result in great bodily harm to others, felony sexual assaults if there is a substantial likelihood that release would result in great bodily harm to others; OR.
Why might a judge not grant bail for someone who is accused of a crime?
The severity of the criminal act is one of the biggest reasons a judge will have for denying bail. If someone is charged with a crime that is particularly violent, such as murder, rape, or armed robbery, it can be difficult for them to obtain bail.
Why would you be refused bail?
Considerations such as prior criminal history, the seriousness of the charge, the risk of reoffending, previous breaches of bail or if there is a genuine chance that you will not appear at your next court appearance, will all weigh into whether or not bail will be granted.
Can the court refuse bail?
Bail can be refused if the court is satisfied that an accused may be likely to commit the crime they are charged with and might continue to perpetrate such crimes if released on bail. Where there is the likelihood that the accused, if released on bail, will attempt to evade trial.
What are the 3 main grounds for refusing bail?
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).
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What are the six factors a court will consider before grant or refusal of bail?
In bail during trial certain factors are considered by a court The State vs Okafor 1964 8 ENLR 96 where it was held as follows: “(1) The cogency of the facts against the applicants (2) gravity of the offence charged (3) severity of the punishment to be meted to the accused (4) availability of the accused to stand trial ...
What happens when bail is denied?
If the person released on bail fails to comply with the conditions in the bail bond as regards time and place of attendance, the court may refuse him to be released on bail when he appears on a subsequent occasion. The bond executed by him and his surety stand cancelled under Section 446-A of CrPC.
How do you oppose bail?
- Give a false name. Nothing screams you have something to hide like giving a false name. ...
- Give a false address. ...
- Try to run or hide away. ...
- Make the process difficult for the police. ...
- Threaten the police or witnesses. ...
- Hide away evidence or obstruct investigation.
How many times can bail be denied?
Bail application once rejected can again be filed if there is any change in circumstances. There is no prohibition to file a successive bail application unless there is a change in circumstances. So as per rule of practice usually second bail application in the same court is filed after filing of chargesheet.
When can bail be denied in India?
The law lexicon defines bail as the security for the appearance of the accused person on which he is released pending trial or investigation. Courts have greater discretion to grant or deny bail in the case of persons under criminal arrest, e.g., it is usually refused when the accused is charged with homicide.
Under what circumstances will bail be granted?
An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.
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 ...
Can a person whose bail has been rejected once apply for bail again?
First, successive anticipatory bail can be filed only if there is a rejection in the first application, second if there is a change in circumstances and facts in the same case respective to the first application like filing a charge sheet, favourable evidence by investigation department or recorded evidence against the ...
When can bail be Cancelled?
State of M.P (2004 13 SCC 617) where the Apex Court has held, “Bail can be cancelled on the existence of cogent and overwhelming circumstances but not on reappreciation of the facts of the case.” The reason is due to the provision of Section 362 of CrPC which bars a Court from altering or reviewing any case where a ...
Why do courts give bail?
Bail is a mechanism used to ensure that the accused is present before the court and is available for Trial. ... When a person is arrested without a warrant, it is the duty of the police officer to inform such an arrested person whether the offence he has been accused of committing is a bailable or non-bailable offence.
What does opposed bail mean?
If the prosecution opposes bail, it usually must prove that the defendant should not be granted bail. However, in some situations where the defendant has a history of serious offending, especially a history of offending while on bail, the defendant must prove that he or she should be granted bail.
What is prosecutorial bail?
2. Prosecutor Bail: Section 59A. Section 59A of the act, provided that a prosecutor may instruct the release of an accused before his first appearance for any offence listed in schedule 7 of the act. This type of bail can only be granted after consultation with the investigating officer regarding the merits of the case ...
What are the rules of suspects and silence?
In England and Wales, the right of suspects to refuse to answer questions during their actual trial (the "right to silence", or the right to remain silent as it is now known) was well established at common law from the 17th century.
What is the remedy of the accused if he is denied bail?
If the accused cannot afford the bail, he or she can file a motion to reduce the bail, which the judge may grant depending on good cause shown.
When can bail be refused in non bailable offence?
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, ...
What happens after bail is granted?
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). ... This may be granted in the police station after interview or the court after the preliminary hearing.
Can an accused be granted bail?
If the accused is a woman or a child, bail can be granted in a non-bailable offence. If there is lack of evidence then bail in non-Bailable offences can be granted. If there is delay in lodging FIR by the complainant, bail may be granted. If the accused is gravely sick.
WHO MAY Grand bail?
Who grants bail? The POLICE can grant you bail during the first 24 (or 48 hours) following your arrest. The JUDGE or MAGISTRATE can grant you bail once you have been brought to court ("arraigned before the court").
Can magistrates remand you?
In the magistrates' court, a defendant can only remand a person in custody for a maximum of eight days, except where it has previously remanded him in custody and it has a set a date for the next stage of those proceedings.
Can bail be Cancelled in bailable offence?
Cancellation of bail of one who frequently commits bailable offences is constitutionally valid: High Court of Karnataka. Repetition of a bailable offence by a person can render the bail granted as cancelled and he/she can be arrested by the police.