Risk Based Bail System in Nsw Essay example

5032 Words Jul 18th, 2013 21 Pages
Q. ‘The bail legislation of Bangladesh is more focused on justification rather than risk based approach’-discuss this statement and give a comparative description in this regard between Bangladesh and New South Wales.
I. INTRODUCTION
In the discourse of criminal justice system bail is one of the arenas which not only generates a huge adherence but also a significant assumption. There are lot considerations take into place when the question of enlarging bail is comes into existence. The court or the police as a matter of fact are regulated by some principles, and it is obvious that not all persons who are engaged with an offence will be entitled to get bail. Bail is broadly used to refer to the release of a person charged with an offence,
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According to section 498 of Code of Criminal Procedure a bail can be granted before arrest. A bail in anticipation of arrest or detention is termed as anticipatory bail. This pattern of bail is quite common in neighboring jurisdictions like India and Pakistan. However the judicial opinions are conflicting on the issue whether a person can apply for release on bail in anticipating of arrest or detention.
IV. DOCTRINE OF JUSTIFICATION AND ITS IMPLICATIONS IN BANGLADESH
There are several judgments of the Supreme Court of Bangladesh regarding the principles of granting bail. Bail is primarily based on the nature of offence whether bailable or nonbailable. The accused is entitled to get bail as of right in bailable offence. But in nonbailable offences the decision of bail is dependent on discretaion of the bail authority. The question of grant of bail is to be determined judiciously, having regard to the facts and circumstances of each case. The doctrine of justification comes into play in Bangladesh bail jurisdiction from exercising the discretionary powers of the magistrate or as a matter of fact by the court. The legislation emphasis on the term if there is reasonable ground to believe for exercising the judicial power as conferred to the court. J Hamidul Haque correctly argued that ‘there is no hard and fast rule on this point, the court is to decide whether there any reasonable ground on consideration of the facts and circumstances of each case’. The Supreme

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