Bail and Powers of Arrest In this part of assignment I will write about the police powers to grand bail, as well I will assess why the police have the powers to grand bail and at the end I will evaluate the police powers of arrest, warrant, detention and search. Bail is the term used when the person is under suspicion or has been charged with a criminal offence but is released from the custody until he or she next appears in court or police station. Once the person did any kind of offence, police have the power to arrest the person and take it in to the custody. Once the person into the custody, he or she will be taken to the questioner by the police officer or investigator. After the questioner the police officer will have to build a case with the evidences gathered and send a case with the evidences to CPS (Crown Prosecution Services).
He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing.
You could find yourself getting into trouble with the police if you carry out an arrest that is incorrect. In order to make a citizen’s arrest, they must come under any of the three sets of guidelines, these are: * arrest for an 'indictable offence' under PACE * arrest of a person’s committing, or about to commit, a Breach of the Peace under common law * Use of reasonable force to prevent crime or arrest offenders or persons unlawfully at large under the Criminal Law Act 1967. A citizen’s arrest is still a really important law in the UK as these powers of arrest belong to Police Community Support Officers (PCSOs). There are lots of differences between a citizen’s arrest and a police arrest... 1. If you believe a crime is about to be committed, you cannot make a citizen’s arrest; only if there has or is a crime being committed.
Once defendant agrees, if he does, then the plea bargain is presented to a judge. If the judge accepts the plea barain and he speaks with the defendant to make sure he/she is making a “knowing and intelligent” plea, then the defendant will be sentenced. If the defendant or judge refuse to enter into a plea then the case is taken to trial. Prosecution Benefits One of the biggest benefits to the prosecution from a plea bargain is that it is an assured conviction. Also, plea bargains allow prosecuters to protect government informants, which most likely have criminal records.
That you attend and complete such courses and programs as your community corrections officer may from time to time nominate. I am hopeful that if you comply with the terms of the bond you will not re-offend. I must say to you, Mr Veldkamp, sometimes people view a suspended sentence as walking free from court. That is simply not the case. If you commit any offence during the currency of the bond you are liable to serve the sentence of imprisonment that I have just imposed together with any other sentence that you might incur.
Ryan Silva Criminal Procedures Wed 6:30-9:35 pm Differences between Due Process and Crime Control Due Process focuses more on the rights of individuals whether it be the private citizen or an alleged suspect being tried for a crime, while maximizing the government efforts to stop or prevent crime. The trick is how successfully execute both without sacrificing one for the other, One could argue that this is the liberal perspective of the crime prevention module. Supporters of this perspective want a defendant to properly go through the entire justice system from beginning to end without, including exhausting the number of appeals allowed calling this the “obstacle course” (Worral p.14). Crime Control on other hand focuses more on the prevention of crime at any cost. Could be considered the conservative approach to the crime prevention module.
In adult cases they can have a retrial with a different jury to see if they get a better sentence. Diversion Programs exist for juvenile and adult offenders. Diversion programs are counseling, rehabilitation and behavioral treatment. In juveniles and adults they are given for first time offenders so they don’t have to serve time. Diversion programs for juveniles can be the big brother and sister club, group counseling, helping to further their education (GED, or high school diploma).
Now if he or she has been mirandized they will again be made aware of their right to a lawyer. Normally, if the charge is not one of Murder then a bail amount should or shall be set forth. Now if a charge being murder is sought, bail can be given, but only at a judge’s discretionary ruling. After the judge’s decision,
At this time if the defendant chooses to have a counsel present, the counsel has to be present them from the beginning of the defendant’s court proceedings, through the end of the initial appearance through the appeal, unless the defendant chooses to waive there rights. This is governed by federal and local courts because in some cases there appears to be multiple arrests, and because of this Joint Representation is possible. This allows defendants to be represented by the same attorney’s. Sometimes the court orders separate cases tried to bring in a single indictment. Afterwards the arraignment is opened in court to make sure the defendant has a copy of their indictment, after the indictment is read and the defendant is asked to give a plea whether guilty or not guilty.
Federal laws order restitution for violent offenses and certain other crimes. Additionally the victim rights movement includes notifies the victim of parole decisions, if the offender is released, allows the victim to speak at their parole hearings and other things. Offender has rights as well for instance right to competent legal counsel, present evidence, and presumed innocent until proven guilty in a court of