NCJ Number
37652
Journal
Criminal Law Review Dated: (SEPTEMBER 1976) Pages: 541-556
Date Published
1976
Length
16 pages
Annotation
IN ENGLAND, A DEFENDANT DENIED BAIL IN MAGISTRATES' COURT MAY APPLY DE NOVO TO THE HIGH COURT FOR BAIL - THERE ARE, HOWEVER, SUBSTANTIALLY DIFFERENT SUCCESS RATES FOR THOSE APPLICANTS REPRESENTED BY COUNSEL THAN FOR INDIGENTS.
Abstract
BAIL APPEALS ARE GRANTED IN 36-40 PERCENT OF THOSE CASES IN WHICH DEFENDANTS ARE REPRESENTED BY SOLICITORS, BUT ONLY IN 8-10 PERCENT OF THOSE CASES IN WHICH DEFENDANTS PETITION THROUGH ADMINISTRATIVE CHANNELS. THIS ARTICLE EXAMINES THE CHARACTERISTICS OF APPLICANTS AND THEIR APPLICATIONS IN 247 CASES. IT CONCLUDES THAT THE RIGHT TO APPLY DE NOVO TO THE HIGH COURT FOR BAIL RECONSIDERATION NEEDS TO BE STUDIED AND RESTRUCTURED.