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Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant · Search warrant Probable cause · Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure · Search of persons Arrest · Detention Right to silence · Miranda warning (U.S.) Grand jury Image File history File links Question_book-3. ... The word bail can have these meanings:- See bail and wikt:bail for security (usually a sum of money), exchanged for the release of an arrested person as a guarantee of that persons appearance for trial by a lawcourt, and related meanings. ... Image File history File links Scale_of_justice_2. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense and seize the evidence. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... A knock and announce warrant, in the American law of criminal procedure, requires that the officer tasked with the responsibility of executing the warrant must knock on the door of the home to be entered for a search or arrest, and to announce their purpose. ... An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if a they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. ... Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... For other uses, see Arrest (disambiguation). ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... For other uses of terms redirecting here, see US (disambiguation), USA (disambiguation), and United States (disambiguation) Motto In God We Trust(since 1956) (From Many, One; Latin, traditional) Anthem The Star-Spangled Banner Capital Washington, D.C. Largest city New York City National language English (de facto)1 Demonym American... In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ...
Criminal prosecution
Statute of limitations · Nolle prosequi Bill of attainder · Ex post facto law Criminal jurisdiction · Extradition Habeas corpus · Bail Inquisitorial system · Adversarial system Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ... This article or section does not adequately cite its references or sources. ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... Criminal jurisdiction is a term used in the law of criminal procedure to describe the power of a court to hear a case brought by the state accusing a criminal defendant of a violation of the law of the geographic area in which the court is located. ... Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. ... For other uses, see Habeas corpus (disambiguation). ... An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of each advocate representing his or her partys positions and involves a neutral person, usually the judge, trying to determine the truth of the case. ...
Charges and pleas
Arraignment · Information · Indictment Plea · Peremptory plea Nolo contendere (U.S.) · Plea bargain Presentence Investigation Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... This article does not cite any references or sources. ... In the common law legal system, an indictment (IPA: ) is a formal accusation of having committed a criminal offense. ... In legal terminology, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. ... In the common law legal system, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. ... Nolo contendere, in criminal trials, in some common law jurisdictions, is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. ... A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ... A presentence investigation report (PSI) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. ...
Related areas of law
Criminal defenses Criminal law · Evidence Civil procedure The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... The law of evidence governs the use of testimony (e. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ...
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Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of failure to appear). In most cases bail money will be returned at the end of the trial, if all court appearances are made, no matter whether the person is found guilty or not guilty of the crime accused. In some countries granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Countries without bail imprison the suspect before the trial only if deemed necessary. This article or section does not cite any references or sources. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... A county jail is a place of detention for people awaiting trial, or for those who have been convicted of a misdemeanor and are serving a sentence of less than one year. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... Failure to appear is the legal term for the failure of a defendant or respondent to appear within the stated time before a tribunal as directed in a summons. ...

Legislatures may also set out certain crimes to be unbailable, such as capital crimes. A legislature is a governmental deliberative body with the power to adopt laws. ... Death penalty, death sentence, and execution redirect here. ...

Under the current law of England and Wales, bail simply refers to the release of the accused before trial. English law is a formal term of art that describes the law for the time being in force in England and Wales. ...

Forms of bail

The form of bail varies from jurisdiction, but the common forms of bail include:

• Recognizance — a promise made by the accused to the court that he/she will attend all required judicial proceedings and will not engage in further illegal activity or other prohibited conduct as set by the court. Typically a monetary amount is set by the court, but is not paid by the defendant unless the court orders it forfeited; this is denominated an unsecured appearance bond or release on one's own recognizance.
• Surety — when a third party agrees to be responsible for the debt or obligation of the defendant. In many jurisdictions this service is provided commercially by a bail bondsman, where the agent will receive 10% of the bail amount up front and will keep that amount regardless of whether the defendant appears in court. The court in many jurisdictions, especially jurisdictions that prohibit bail bondsmen, may demand a certain amount of the total bail (typically 10%) be given to the court, which, unlike with bail bondsmen, is returned if the defendant does not violate the conditions of bail. This also known as surety on the bond.
• Conditions of release - many varied non-monetary conditions and restrictions on liberty can be imposed by a court to ensure that a person released into the community will appear in court and not commit any more crimes. Common examples include: mandatory calls to the police, surrendering passports, home detention, electronic monitoring, drug testing, alcohol counseling, surrendering firearms.
• Protective order also called an Order of protection- one very common feature of any conditional release, whether on bail, bond or condition, is a court order requiring the defendant to refrain from criminal activity against the alleged crime victim, or stay away from and have no contact with the alleged crime victim. The former is a limited order, the latter a full order. Violation of the order can subject the defendant to automatic forfeiture of bail and further fine or imprisonment.
• Cash — typically "cash only," where the defendant must provide the amount of the bail to the court.
• Combinations - courts often allow defendants to post cash bail or bond, and then impose further conditions, as mentioned above, in order to protect the community or ensure attendance.^[1]

Bail may be forfeited, and the defendant remanded to jail, for failure to appear when required. In British and American law, the term recognizance is usually employed to describe an obligation of record, entered into before some court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that s/he owes a personal debt to the government or Crown, with a defeasance, subject to a... A surety is a person who agrees to be responsible for the debt or obligation of another. ... A bail bondsman is any person or corporation which will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court. ... Look up Injunction in Wiktionary, the free dictionary. ...

Bail law in England and Wales

History

In mediæval England, the sheriffs originally possessed sovereign authority to release or hold suspected criminals. Some sheriffs would exploit the bail for their own gain. The Statute of Westminster (1275) limited the discretion of sheriffs with respect to the bail. Although sheriffs still had the authority to fix the amount of bail required, the statute stipulates which crimes are bailable and which ones are not. The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times, beginning with the Renaissance. ... For other uses, see England (disambiguation). ... Look up Sheriff in Wiktionary, the free dictionary. ... “Sovereign” redirects here. ... This article is about authority as a concept. ... For the 1987 movie starring Cher, see Suspect (film). ... For other uses, see Crime (disambiguation). ... This article deals with the Statutes of Westminster passed in thirteenth century. ... // April 22 - The first of the Statutes of Westminster are passed by the English parliament, establishing a series of laws in its 51 clauses, including equal treatment of rich and poor, free and fair elections, and definition of bailable and non-bailable offenses. ...

In the early 17th century, King Charles I ordered noblemen to issue him loans. Those who refused were imprisoned. Five of the prisoners filed a habeas corpus petition arguing that they should not be held indefinitely without trial or bail. In the Petition of Right (1628) the Parliament argued that the King had flouted the Magna Carta by imprisoning people without just cause. (16th century - 17th century - 18th century - more centuries) As a means of recording the passage of time, the 17th century was that century which lasted from 1601-1700. ... Charles I (19 November 1600 – 30 January 1649) was King of England, King of Scots and King of Ireland from 27 March 1625 until his execution. ... Aristocrat redirects here. ... For other uses, see Loan (disambiguation). ... This article is about the institution. ... For other uses, see Habeas corpus (disambiguation). ... Look up Petition in Wiktionary, the free dictionary. ... In English law, a petition of right was a remedy available to subjects to recover property from the Crown. ... 1628 was a leap year starting on Saturday of the Gregorian calendar (or a leap year starting on Tuesday of the 10-day slower Julian calendar). ... The House of Representatives Chamber of the Parliament of Australia in Canberra. ... Louis XIV, king of France and Navarre (Painting by Hyacinthe Rigaud, 1701). ... This article is about the English charter issued in 1215. ... This article is about the concept of justice. ...

The Habeas Corpus Act 1679 states, "A Magistrate 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 bailable." The Habeas Corpus Act 1679 is an English statute passed during the reign of King Charles II to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained can be ordered to be produced before a court of law. ... A magistrate is a judicial officer. ... A surety is a person who agrees to be responsible for the debt or obligation of another. ...

The English Bill of Rights (1689) 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." This was a precursor of the Eighth Amendment to the US Constitution. The Bill of Rights 1689 is an English Act of Parliament with the long title An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown and known colloquially in the UK as the Bill of Rights. ... Year 1689 (MDCLXXXIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Tuesday of the 10-day slower Julian calendar). ... The Eighth Amendment to the United States Constitution, which is part of the U.S. Bill of Rights, protects against excessive bail or fines, as well as against cruel and unusual punishment. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...

Forms of Bail

In the UK there are three types of bail:

1. Police Bail where a suspect is released without being charged but must return to the police station at a given time.
2. Police to Court where having been charged a suspect is given bail but must attend his first court hearing at the time and Court given
3. Court bail where having already been in court a suspect is granted bail pending further investigation or while the case continues

Police bail before charge

Under the Police and Criminal Evidence Act 1984, the police have power to release a person, who has not been charged, on bail. This is deemed to be a release on bail in accordance with sections 3, 3A, 5 and 5A of the Bail Act 1976.^[2] The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ...

Police bail after charge

After a person has been charged, he must ordinarily be released, on bail or without bail.^[3] Unless the accused has a previous conviction (or equivalents in cases of insanity) for certain specified homicide or sexual offences^[4], the accused must be released either on bail or without bail unless:^[3]

Bail by a court

Right to bail

Under current law, a defendant has 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^[5],

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:

1. will abscond;
2. will commit further offences whilst on bail; or
3. will interfere with witnesses.^[5]

The court should take into account:

1. the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),
2. the character, antecedents, associations and community ties of the defendant,
3. the defendant’s bail record, and
4. the strength of the evidence.^[5]

The court may also refuse bail:

• for the defendant's own protection;
• where the defendant is already serving a custodial sentence for another offence;
• where the court is satisfied that it has not been practicable to obtain sufficient information;
• where the defendant has already absconded in the present proceedings;
• where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody;
• where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching bail.^[5]

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.^[6]

The Criminal Justice Act 2003 amended the Bail Act 1976 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^[7] The Criminal Justice Act 2003 (2003, c. ... Class A is the highest classification of illegal drugs in the United Kingdom. ...

Conditions

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: A surety is a person who agrees to be responsible for the debt or obligation of another. ...

• to prevent the defendant absconding;
• to prevent the defendant committing further offences whilst on bail;
• to prevent the defendant interfering with witnesses; or
• for the defendant's own protection (or if he is a child or young person, for his own welfare or in his own interests).^[5]

Failure to comply with bail

Failing to attend court on time as required is an offence, for which the maximum sentence in a magistrates’ court is three months and twelve months' imprisonment in the Crown Court. (Sentences are usually much shorter than the maximum, but are often custody.) 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 1.13.5) that "the sentence for the breach of bail should usually be custodial and consecutive to any other custodial sentence".^[8] Crown Court and County Court in Oxford. ...

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.

Bail law in the United States

In pre-independence America, bail law was based on English law. Some of the colonies simply guaranteed their subjects the protections of British law. In 1776, after the Declaration of Independence, those which had not already done so enacted their own versions of bail law. For colonies not part of the 13 colonies see European colonization of the Americas or British colonization of the Americas. ... For other uses, see Law (disambiguation). ... This article is about a type of political territory. ... The United States Declaration of Independence was an act of the Second Continental Congress, adopted on July 4, 1776, which declared that the Thirteen Colonies in North America were Free and Independent States and that all political connection between them and the State of Great Britain, is and ought to...

Section 9 of Virginia's 1776 Constitution states "excessive bail ought not to be required..." In 1785, the following was 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." This article is about the U.S. state. ... 1785 was a common year starting on Saturday (see link for calendar). ...

Section 29 of the Pennsylvania Constitution of 1776 states that "Excessive bail shall not be exacted for bailable oflences: And all fines shall be moderate." The Pennsylvania Constitution of 1776 has been described as the most democratic in America and was authored primarily by Timothy Matlock, Dr. Thomas Young, George Bryan, James Cannon, and Benjamin Franklin. ...

The Eighth Amendment in the US Federal Bill of Rights is derived from the Virginia Constitution, "Excessive bail shall not be required...", in regard to which Samuel Livermore commented, "The clause seems to have no meaning to it, I do not think it necessary. What is meant by the term excessive bail...?" The Supreme Court has never decided whether the constitutional prohibition on excessive bail applies to the States through the Fourteenth Amendment. Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... The government of the United States, established by the United States Constitution, is a federal republic of 50 states, a few territories and some protectorates. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... Samuel Livermore This article is about the New Hampshire lawyer and politician; for the New Orleans lawyer and legal scholar, see Samuel Livermore (legal writer). ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ...

The Sixth Amendment, to the Constitution, like the English Habeas Corpus Act of 1678, requires that a suspect must "be informed of the nature and cause of the accusation" and thus enabling a suspect to demand bail if accused of a bailable offense. Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ...

The Judiciary Act of 1789

In 1789, the same year that the United States Bill of Rights was introduced, Congress passed the Judiciary Act of 1789. This specified which types of crimes were bailable and set bounds on a judge's discretion in setting bail. The Act states that all non-capital crimes are bailable and that in capital cases the decision to detain a suspect, prior to trial, was to be left to the judge. Year 1789 (MDCCLXXXIX) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 11-day slower Julian calendar). ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The first page of the Judiciary Act of 1789 The United States Judiciary Act of 1789 (1 Stat. ... This article does not cite any references or sources. ...

The Judiciary Act states, "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

In 1966, Congress enacted the Bail Reform Act of 1966 which 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. In that case, the judge must select an alternative from a list of conditions, such as restrictions on travel. Individuals charged with a capital crime, or who have been convicted and are awaiting sentencing or appeal, are to be released unless the judicial officer has reason to believe that no conditions will reasonably assure that the person will not flee or pose a danger. In non-capital cases, the Act does not permit a judge to consider a suspect's danger to the community, only in capital cases or after conviction is the judge authorized to do so. Year 1966 (MCMLXVI) was a common year starting on Saturday (link will display full calendar) of the 1966 Gregorian calendar. ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political...

The 1966 Act was particularly criticized within the District of Columbia, where all crimes formerly fell under Federal bail law. In a number of instances, persons accused of violent crimes committed additional crimes when released on their personal recognizance. These individuals were often released yet again. For other uses, see Washington, D.C. (disambiguation). ...

The Judicial Council committee recommended that, even in non-capital cases, a person's dangerousness should be considered in determining conditions for release. The District of Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider dangerousness and risk of flight when setting bail in noncapital cases.

Current U.S. bail law

In 1984 Congress replaced the Bail Reform Act of 1966 with new bail law, codified at United States Code, Title 18, Sections 3141-3150. The main innovation of the new law is that it allows pre-trial detention of individuals based upon their danger to the community; under prior law and traditional bail statutes in the U.S., pre-trial detention was to be based solely upon the risk of flight.

18 USC 3142(f) provides that only persons who fit into certain categories are subject to detention without bail: persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering. There is a special hearing held to determine whether the defendant fits within these categories; anyone not within them must be admitted to bail.

State bail laws

Bail laws vary somewhat from state to state, as is typical of U.S. jurisprudence. Generally, a person charged with a non-capital crime is presumptively entitled to be granted bail. Recently, some states have enacted statutes modelled on federal law which permit pretrial detention of persons charged with serious violent offenses, if it can be demonstrated that the defendant is a flight risk or a danger to the community.

Some states have very strict guidelines for judges to follow, with a published bail schedule.^[9] Some states go so far as to require certain forfeitures, bail, and fines for certain crimes.^[10]

See also

• Bailment
• Bail bondsman
• Remand
• Bounty hunter
• Criminal justice

Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ... A bail bondsman is any person or corporation which will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court. ... A prisoner who is denied, refused or unable to meet the conditions of bail, or who is unable to post bail, may be held in a prison on remand until their criminal trial. ... For other uses, see Bounty hunter (disambiguation). ... United States criminal justice system flowchart. ...

References