Differbetween
Police custody means that an accused stays in the lock-up of a police station or at least in the physical custody of the investigating agency probing the concerned matter. On the other hand, judicial custody implies that the accused is lodged in jail and is under the custody of a magistrate.
- What is police custody?
- How long can a person be kept in police custody?
- Can bail be granted in police custody?
- What are your rights in police custody?
- What crimes can you not get bail for?
- Can the police tell you if someone is in custody?
- Can police withdraw charges?
- What happens when you are remanded in custody?
- How long can the police hold your phone?
- What is difference between remand and custody?
- Can bail be granted after conviction?
- What are the conditions of police bail?
What is police custody?
A person considered in police custody is someone arrested or under some form of suspicion that does submit to the authority of a law enforcement officer. The courts will consider the circumstances of the arrest and custody when looking at the situation and to determine if the interview process was valid.
How long can a person be kept in police custody?
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you're suspected of a serious crime, eg murder.
Can bail be granted in police custody?
An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.
What are your rights in police custody?
A person remanded into police custody has the right to the following and the custody officer must explain these: Free legal representation (usually known as a duty solicitor). A phone call to inform someone that they've been arrested. Medical help if they are feeling ill.
What crimes can you not get bail for?
Severe crimes, including manslaughter, murder, rape, etc., are treated differently than minor crimes and other less serious charges. Because they could be charged with the death penalty, suspects in these cases are not offered bail and must be kept in custody until a jury trial determines their guilt or innocence.
Can the police tell you if someone is in custody?
The police are not usually allowed to inform anyone of the fact that a person has been detained without their express permission. ... If someone who is in custody does want you to be informed of their arrest the custody staff will not give you information about how the police are progressing with their investigation.
Can police withdraw charges?
You can write to the police to get your charges withdrawn or changed when: you think you have a good defence. you think the police have little or no evidence to prove you committed the offence. you agree to plead guilty to a less serious charge if the police withdraw the more serious charge.
What happens when you are remanded in custody?
When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place. ... A person who is on remanded in a prison is not treated as a convicted prisoner, as they have not yet been found guilty of any offence.
How long can the police hold your phone?
The police will hold your property until all relevant matters have been dealt with. Once the letter of authorisation has been sent to you the general procedure is for them to wait 28 days for you to collect your property or for a response either by telephone or in writing.
What is difference between remand and custody?
While remand under the former relates to a stage after cognizance and can only be to judicial custody, detention under the latter relates to the stage of investigation and can initially be either in police custody or judicial custody.
Can bail be granted after conviction?
Yes, the legal system has given one another provision for getting the bail to the accused person i.e. after conviction/sentence. ... After pronouncing the conviction/Sentence to the accused person, court grant the bail to the accused for filling the appeal in the higher court it's called suspension of sentence.
What are the conditions of police bail?
When bail is granted conditions of bail can be attached where necessary to prevent the suspect from failing to surrender, offending on bail, interfering with prosecution witnesses or otherwise obstructing the course of justice, or for his own protection.
