BAIL APPLICATIONS AND APPEALS
“But all the love in the world won’t save a sinking ship. You either have to bail or jump overboard” (Sarah Dessen)
Often referred to a function of rule and statute, a Magistrate will decide via initial bail whether an arrested person will be released or have to be jailed.
The Bail Act 1976 was ordered with the points of making more conditions by which litigants could make bail or even could be denied one. Furthermore, reclassifying the parameters of satisfying the bail procedure. The legislation sketched out that courts were obliged to offer bail to litigants except if a particular exception was met.
But the question still remains intact, what is a bail? Is it some kind trap or a ticket of freedom for the defendants?
What Actually is a Bail?
The procedure of bail implies that a defendant goes into a recognizance (security among them and the court) to pay cash if the states of bail are broken by any chance. Anybody giving an assurance (or surety) may likewise need to go into a recognizance too. These are individuals who are set up to go into security and may lose cash if the defendant breaks the bail conditions.
So basically the whole concept of bail isn’t that complicated or is it?
Interpreted in numerous ways, the bail sets various meanings:
- The Security; generally, an amount of cash, traded for the liberation of an arrested individual as a guarantee of the regarding individual’s appearance for the trial by the court.
- Discharge from detainment provided by the remittance of such amount of money.
- An individual who gives this security.
In criminal law, the concept of bail is very much considered. The bail is expected to guarantee the accused’s presence at a criminal trial.
Basic Rules and Regulations of Bail
In the event that an individual is charged and then discharged by the police on a bail, the person must make a court appearance within 28 days from the date of the charge. This typically happens in the officers’ court, where the District Judge will consider if there is sufficient proof to associate the defendant to the act of crime.
If there is a chance that the defendant is held in jail, they may apply for bail once more, however normally just when there has been an adjustment in conditions since they last applied for bail. The defendant can likewise apply a bail for a brief period for reasons like a family funeral. After this, they can’t make any more applications except if they can influence the judge that something about the case, or their own conditions, has changed. The judge must give bail except if the prosecution can demonstrate that there is a particular risk.
The term used in the USA by President Obama at a speech to N.A.A.C.P ‘Criminal Justice’ is actually not as fair as it should be. Consistently, a large number of innocent individuals are sent to imprison simply because they can’t bear to post bail, putting them in danger of losing their jobs, the authority of their kid and even their lives. Instead of providing benefit to the defendants the bail becomes a trap for such people.
“A man of courage never needs weapons but he may need bail” (Lewis Mumford)
UK Immigration Bail
The opportunity of freedom from subjective capture and detainment is a basic human right, legitimately enforceable throughout the UK by the morality of the Human Rights Act 1998. However, an expanding number of asylum seekers in UK, men, ladies and youngsters, and even entire families, are in jail. They are confined by migration officers exercising powers that are given by the Secretary of State in Acts of Parliament. It has turned out to be very much impossible for the asylum seekers to know whether their detainment is legitimate, or not. Most of them are totally unaware of how to mount an impacting challenge before an adjudicator or a court of law.
If you’ve been set in an evacuation center as a result of a migration case and have been in the UK for under 7 days, at such point it might be important to look for a bail application so as to keep you from spending further time in custody. Whitestone Solicitors has an abundance of experience in managing cases of immigration bail, giving you the most obvious opportunity of success and guaranteeing you can proceed with a normal life whilst your case is resolved.
Contact Whitestone Solicitors for quality legal advice from our dedicated bail solicitors in the UK. Our fees are highly competitive and our multilingual and friendly team are waiting to take your call. Regardless of the charges issued against you, it is always worth making an Immigration Bail Application or Appeal.