Act of Parliament | |
Long title | An Act to amend the law with respect to Bail. |
---|---|
Citation | 61 & 62 Vict. c. 7 |
Dates | |
Royal assent | 23 May 1898 |
Repealed | 1952 |
Other legislation | |
Amends | Indictable Offences Act 1848 |
Repealed by | Magistrates' Courts Act 1952 [1] |
Status: Repealed |
The Bail Act 1898 (61 & 62 Vict. c. 7) was an Act of the Parliament of the United Kingdom.
It amended the Indictable Offences Act 1848, which gave justices the power to give bail on sureties, to allow the justices to dispense with the need for sureties if they felt that doing so would not "tend to defeat the ends of justice"; this prevented the unhelpful situation where someone who was at no risk of absconding was kept imprisoned for long periods of time because they could not find the wherewithal to post bail. [2]
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
A bounty hunter is a private agent working for a bail bondsman who captures fugitives or criminals for a commission or bounty. The occupation, officially known as a bail enforcement agent or fugitive recovery agent, has traditionally operated outside the legal constraints that govern police officers and other agents of the state. This is because a bail agreement between a defendant and a bail bondsman is essentially a civil contract that is incumbent upon the bondsman to enforce. Since they are not police officers, bounty hunters are exposed to legal liabilities from which agents of the state are protected as these immunities enable police to perform their functions effectively without fear of lawsuits. Everyday citizens approached by a bounty hunter are neither required to answer their questions nor allowed to be detained. Bounty hunters are typically independent contractors paid a commission of the total bail amount that is owed by the fugitive; they provide their own professional liability insurance and only get paid if they are able to find the "skip" and bring them in.
In finance, a surety, surety bond, or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a surety or guarantor to pay one party a certain amount if a second party fails to meet some obligation, such as fulfilling the terms of a contract. The surety bond protects the obligee against losses resulting from the principal's failure to meet the obligation. The person or company providing the promise is also known as a "surety" or as a "guarantor".
A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.
In some common law nations, a recognizance is a conditional pledge of money undertaken by a person before a court which, if the person defaults, the person or their sureties will forfeit that sum. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that they owe a personal debt to the state. A recognizance is subject to a "defeasance"; that is, the obligation will be avoided if person bound does some particular act, such as appearing in court on a particular day, or keeping the peace. In criminal cases the concept is used both as a form of bail when a person has been charged but not tried and also when a person has been found guilty at trial as an incentive not to commit further misconduct. The concept of a recognizance exists in Australia, Canada, Hong Kong, the Republic of Ireland, and the United States. Recognizances were frequently used by courts of quarter sessions, for example they make up more than 70% of surviving records for the Bedfordshire Quarter Sessions records.
Taylor v. Taintor, 83 U.S. 366 (1872), was a United States Supreme Court case. It is commonly credited as having decided that a person to whom a suspect is remanded, such as a bail bondsman, has sweeping rights to recover the suspect.
The District Court is the lowest court in the Irish court system and the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications. It is also responsible for indicting the accused and sending them forward for trial at the Circuit Court and Central Criminal Court.
In the law of England and Wales and some other common law jurisdictions, binding over is an exercise of certain powers by the criminal courts used to deal with low-level public order issues. Both magistrates' courts and the Crown Court may issue binding-over orders in certain circumstances.
The Libraries Offences Act 1898 is an Act of the Parliament of the United Kingdom, applying in England and Wales.
The Societies' Borrowing Powers Act 1898, long title An Act to empower certain Societies to borrow Money from Persons and Corporations other than Members, was an Act of Parliament of the Parliament of the United Kingdom, given royal assent on 25 July 1898 and repealed in 1974.
The Reserve Forces and Militia Act 1898 was an Act of the Parliament of the United Kingdom, which came into force in 1898.
Bail in Canada refers to the release of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal Code, which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release.
The Habeas Corpus Suspension Act 1794 was an Act passed by the British Parliament. The Act's long title was An act to empower his Majesty to secure and detain such persons as his Majesty shall suspect are conspiring against his person and government.
Papyrus Oxyrhynchus 136 is the fourth in a series of Oxyrhynchus papyri (133–139) concerning the family affairs of Flavius Apion, his heirs, or his son. This one is a contract between the heirs of Flavius and the overseer of a farm. It is written in Greek and was discovered in Oxyrhynchus. The manuscript was written on papyrus in the form of a sheet. The document was written on 24 May 583. Currently it is housed in the Egyptian Museum (10103) in Cairo.
Asil Nadir is a British Turkish Cypriot businessman, who was chief executive of Polly Peck, which he took over as a small textile company, growing it during the 1980s to become one of the United Kingdom's top 100 FTSE-listed companies, with interests in consumer electronics, fruit distribution and packaging.
The Statute Law Revision Act 1898 is an Act of the Parliament of the United Kingdom.
The Proclamation of Malaysia was a statement, written in English and Malay, that declared the merger of the Federation of Malaya with the State of Singapore and the British crown colonies of North Borneo and Sarawak into the new Federation of Malaysia, following the enactment of the Malaysia Agreement and the Malaysia Act 1963 that July. The merger came into effect on 16 September 1963, and the proclamation was delivered on that date by Prime Minister Tunku Abdul Rahman in the Stadium Merdeka in Kuala Lumpur.
Papyrus Oxyrhynchus 270 is a fragment of an Indemnification of a Surety, in Greek. It was discovered in Oxyrhynchus. The manuscript was written on papyrus in the form of a sheet. It is dated between 26 January - 24 February 94. Currently it is housed in the British Library in London.
Bail in the United States refers to the practice of releasing suspects from custody before their hearing, on payment of bail, which is money or pledge of property to the court which may be refunded if suspects return to court for their trial. Bail practices in the United States vary from state to state.
Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute. The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).