|
|
What are Bail Bonds ?
The term Bail means security,
usually a sum of money, set by the court, exchanged for the
release of an arrested person. In other words Bails is a process
through which the arrested criminal suspect pays some amount of
money to obtain release from police custody.
A Bail bond is a written agreement duly signed by the defendant
promising that the defendant will appear in court for all the
scheduled hearings. If the defendant fails to appear for the
scheduled hearings the bail bond will be forfeited and the
defendant will be again taken back into custody. The bail bond
will also contain the signature of the surety. The surety will
be called as bail bondsmen. A bail bondsmen is a person who will
act as a surety and assure money or property as bail for the
defendant in court. The bail bond is mainly to ensure the
criminal defendant’s court appearance.
If the suspect does not obtain release by paying bail
immediately after booking, a judge may make a bail decision at a
separate hearing, or at the allegation. Regardless of the
timing, the bail amount may be pre-determined, or the judge may
set a monetary figure based on:
• Seriousness of the crime, in terms of injury to others.
• Suspect's criminal record.
• Danger that the suspect’s release might pose to the community.
• Suspect's ties to family, community, and employment.
According to the law of England and Wales, Bail is the term
referred to mention the release of accused before judgment.
|
|
|
|
|
|
|
|
|
|
Forms of
bail
There are several forms of bails based on different
jurisdictions. Some of the common forms of bail are as follows:
• Recognizance.
• Surety.
• Release on conditions.
• Orders of protection.
Recognizance: This type of bond is considered to be
an unsecured appearance bond. It is a promise made by the
defendant to the court that he/she will attend all the scheduled
hearings and will not involve in any illegal activity as set by
the court.
Surety: The Surety is a
third person often referred as Bail bondsmen who will be
responsible for the sum of money or property for the release of
the accused.
|
|
Release on
conditions: The accused will be released under some
conditions like he/she should appear in court for further
scheduled hearings and should not commit any crimes.
Some of the general conditions levied are:
• Mandatory calls to the police.
• Home detention.
• Submitting their passports.
• Electronic monitoring.
• Drug testing.
Orders of Protection: If the
accused is released under any form of bail, whether it is
through conditional release or through condition, there should
be some formal order from the court. This kind of formal orders
issued for the accused are referred as orders of protection. The
court order may be of different types. For example, Some courts
declare that the defendant should pay the bail amount as cash
only and some courts declare their orders that the defendant can
use cash bail or bond or surety.
Bails in UK
There are three types of bail in UK
1. Police bail.
2. Police to Court.
3. Court bail.
Police bail: The accused will be released without any charge but
he/she should return to the police station at a given time
Police to court: The defendant who is charged as a suspect will
be given bail but he/she should attend all the scheduled hearing
at the given time.
Court bail: This bail is issued to the defendant when the case
investigation is still pending.
|
|
Bail law
in England and Wales: During Middle Ages in
England, the sheriffs (A political and legal office working
under English common law, Scots law or United States common law)
were responsible for releasing or holding criminal defendants.
The sheriffs followed the rule and regulations of Statute of
Westminster (1275). The Statute will decide whether a particular
crime is bail able or not even though sheriffs have the
authority to fix the amount for bail.
Some of the bail laws followed in medieval period are:
Habeas Corpus Act (1679)
English Bill of Rights (1689)
Habeas Corpus Act (1679):
The Habeas Corpus Act (1679) is an act for the better
securing the liberty of the subject, and for prevention of
imprisonments beyond the seas. It states that: “A Magistrate
(Judicial officer) shall discharge prisoners from their
Imprisonment taking their Recognizance, with one or more Surety
or Sureties, in any Sum according to the Magistrate's
discretion, unless it shall appear that the Party is committed
for such Matter or offenses for which by law the Prisoner is not
bail able." The term Habeas Corpus is derived from latin
language. The meaning of Habeas Corpus is “you have the body”. |
|
|
|
English Bill
of Rights (1689): English Bill of Rights (1689) is an
act declaring the rights and liberties of the subject and settling
the succession of the crown. This act is referred as Bill of Rights.
It states that “excessive bail hath been required of persons
committed in criminal cases, to elude the benefit of the laws made
for the liberty of the subjects. Excessive bail ought not to be
required.”
Current bail law in England and Wales:
The current bail law followed in England and Wales is Bail Act 1976.
According to this law, a defendant has the right to bail unless
there is certain reason not to grant it.
Bail law in United States:
Before the Independence of America, Bail law in United States was
based on English laws. After Independence in 1776, United States
declared some new bail laws.
Section 9 of Virginia’s 1776 constitution states that “excessive
bail ought not to be required...” and In 1785 the following is also
added, “Those shall be let to bail who are apprehended for any crime
not punishable in life or limb...But if a crime be punishable by
life or limb, or if it be manslaughter and there be good cause to
believe the party guilty thereof, he shall not be admitted to bail."
Section 29 of the Pennsylvania Constitution of 1976 states that
“Excessive bail shall not be exacted for bail able offenses”.
The Eighth Amendment in the US Federal bill of rights states that
:Excessive bail shall not be required”.
The Sixth Amendment is similar to the English Habeas Corpus Act of
1678.
The Judiciary Act of 1789:
The judiciary act came into effect on 1789 and states that “Upon all
arrests in criminal cases, bail shall be admitted, except where
punishment may be by death, in which cases it shall not be admitted
but by the supreme or a circuit court, or by a justice of the
supreme court, or a judge of a district court, who shall exercise
their discretion therein."
The Bail Reform Act of 1966:
The Bail Reform Act of 1966 came into effect by 1966 and states that
“a non-capital defendant is to be released, pending trial, on his
personal recognizance or on personal bond, unless the judicial
officer determines that such incentives will not adequately assure
his appearance at trial”.
Current US bail law: In
1984, United states government replaced the Bail reform Act of 1966
to a new bail law named “United States Code, Title 18, Sections
3141-3150”. This new law allows pre-trial detention of individuals
based on the dangerousness of the community.
|
