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Geisinger Health Plan Commercial. Geisinger Health Plan Medicaid. Highmark Medicaid Health Options. Insurance Administrators of America. If he is released after bail, an extended period of bail may only be imposed once by a superintendent officer up to 3 months except in SFO cases.

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In "exceptionally complex" cases, particularly those involving the Financial Conduct Authority or Serious Fraud Office , the period may further be extended by an appropriate decision maker an officer of the FCA or SFO, if applicable, or otherwise a police commander or assistant chief constable up to 6 months, subject to representations from the suspect. After that, further extensions of bail, up to 6 months at a time, require a warrant to be issued by a magistrates' court. The bail period is suspended for any day when the suspect is in hospital as an in-patient. However, they may not require a recognizance, surety or security i.

After a person has been charged, he must ordinarily be released, on bail or without bail. Under current law, a defendant has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it, [35]. Any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore, a person charged with a crime should not be denied freedom unless there is a good reason.

The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant would:. Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail. The Criminal Justice Act amended the Bail Act restricting the right to bail for adults who tested positive for a Class A drug and refused to be assessed or refused to participate in recommended treatment.

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Where a defendant is charged with treason , bail may only be granted by a High Court judge or by the Secretary of State. Conditions may be applied to the grant of bail, such as living at a particular address or having someone act as surety , if the court considers that this is necessary:. Failing to attend court on time as required is an offence, for which the maximum sentence in a magistrates' court is three months' imprisonment, or twelve months in the Crown Court.

In addition to imposing punishment for this offence, courts will often revoke bail as they may not trust the defendant again. The amended Consolidated Criminal Practice Direction states at paragraph 1. Failing to comply with bail conditions is not an offence, but may lead to the defendant being arrested and brought back to court, where they will be remanded into custody unless the court is satisfied that they will comply with their conditions in future. Indian law stresses the principles of presumption of innocence. The principle embodies freedom from arbitrary detention and serves as a bulwark against punishment before conviction.

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While considering bail applications of the accused, courts are required to balance considerations of personal liberty with public interest. To glamorize impressionistic orders as discretionary may, on occasions, make a litigation gamble decisive of a fundamental right. After all, the personal liberty of an accused or convict is fundamental, suffering lawful eclipse only in terms of procedure established by law.

The Delhi High Court observed, "Law does not permit any differentiation between Indian Nationals and Foreign citizens in the matter of granting bail. What is permissible is that, considering the facts and circumstances of each case, the court can impose different conditions which are necessary to ensure that the accused will be available for facing the trial.

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In addition to imposing punishment for this offence, courts will often revoke bail as they may not trust the defendant again. Retrieved 14 June Find showtimes, watch trailers, browse photos, track your Watchlist and rate your favorite movies and TV shows on your phone or tablet! Moreover, techniques for disclosing information in a way that addresses the expectations and emotions of the patients also seem to be strongly desired, but rarely taught. Bare forms Case Singular Plural Nominative. Retrieved 17 July J Clin Oncol ; 2:

It cannot be said that an accused will not be granted bail because he is a foreign national. The Code of Criminal Procedure, does not define bail, although the terms bailable offence and non-bailable offence have been defined in section 2 a of the Code. A Bailable offence is defined as an offence which is shown as bailable in the First Schedule of the Code or which is made bailable by any other law, and non-bailable offence means any other offence. A person who is arrested for a 'bailable' offence may secure bail at the police station, while those who fail to secure police bail and those arrested for non-bailable offences have to secure bail in court.

Sections to set out the provisions for the grant of bail and bonds in criminal cases.

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The amount of security that is to be paid by the accused to secure his release has not been mentioned in the Code. Thus, it is left to the discretion of the court to put a monetary cap on the bond. The Supreme Court of India has delivered several cases wherein it has reiterated that the basic rule is - bail and not jail.

One such instance came in State Of Rajasthan, Jaipur v. Balchand Bailey which the Supreme Court decided on 20 September , and held that the basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court.

The bench of Krishnaiyer, V. Taking into consideration the facts of the case the apex court held that the circumstances and the social milieu do not militate against the petitioner being granted bail.

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When a person accused of a crime is arrested, his statement is recorded and information such as the name, residence address, birthplace, charges filed are noted. The police officer may also check back the criminal record if any in the police station and ask for fingerprints to file a case against the accused. Under the Code of Criminal Procedure First Schedule , offences have been classified as "bailable" and "non-bailable" offences. In the case of bailable offences, if the accused produces proper surety, and fulfils other conditions, it is binding upon the Investigating officer to grant bail.

At that time, the accused has a right to apply for bail. Depending upon the facts of the case, the judge decides whether bail should be granted. If bail is granted the accused must deposit money with the court. Generally, for lesser crimes, a standard amount is asked to be deposited for awarding the bail. There are some conditions put under section of the Cr.

In non-bailable cases, bail is not the right of the accused, but the discretion of the judge if regards the case as fit for the grant of bail, it regards imposition of certain conditions as necessary in the circumstances. Section 3 elaborates the conditions set by the law to get bail in non-bailable offences.

The sub-section says that when a person accused or suspected of the commission of an offense punishable with imprisonment which may extend to seven years or more or of an offense under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code 45 of or abatement of, or conspiracy or attempt to commit, any such offense, is released on bail under sub-section 1. However, for that, the Court has the power to impose any condition which it considers necessary. Some conditions that the court may place while granting bail are to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or otherwise in the interests of justice.

Bail can be granted by any of courts of Scotland , with the final decision in solemn proceedings being with the High Court of Justiciary. All crimes are bailable, and bail should be granted to any accused person "except where there is good reason for refusing bail. Scotland Act , an Act of the Scottish Parliament, had removed the previous restrictions on bail that meant that murder and treason were not ordinarily bailable.

Reform Scotland Act did reintroduce restrictions on the granting of bail by requiring exceptional circumstances to be shown when a person is accused of a violent, sexual, drugs offence, and they have a prior conviction for a similar offence.

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In Scotland, the focus is normally for those who are opposed to bail to convince the courts that bail should not be granted. A person who is refused bail can appeal against the refusal to either the Sheriff Appeal Court for summary proceedings in the Sheriff Courts and Justice of the Peace Courts and solemn proceedings in the Sheriff Courts, or to the High Court of Justiciary when a case is on trial there. A Procurator Fiscal or Advocate Depute can request the High Court to review any bail decision where they believe that bail should not have been granted. From Wikipedia, the free encyclopedia.

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Not to be confused with Bale disambiguation. This article is about the legal term. For other uses, see Bail disambiguation. Bail in the United States. Remand in the Czech Republic. This section relies largely or entirely on a single source. Relevant discussion may be found on the talk page. Please help improve this article by introducing citations to additional sources. Ohio State Law Journal. Retrieved 18 July Rutgers Law Review 4 Retrieved 15 June Retrieved 14 June Retrieved 20 August Retrieved 30 June Retrieved 17 July Collection of the laws of the Czech Republic in Czech.

Retrieved 14 July The British Journal of Criminology Archived from the original on 2 July Retrieved 29 July