TimC said:
I wonder, under what circumstances are people released from custody
after very nearly committing a homicide?
--
TimC
Usage: fortune -P [-f] -a [xsz] Q: file [rKe9] -v6[+] file1 ...
Jurisdictions may vary, but generally, there is a presumption that a charged person will be released from custody while awaiting a court hearing provided they meet certain criteria. There is a presumption that the person will be released for minor offences. There is generally a presumption against release for murder charges and certain serious drugs charges. In the ACT, for example, the criteria are set out in s22 of the Bail Act:
[font=Arial]22 Criteria for granting bail to adults[/font]
[font=Times New Roman](1) In making a decision about the grant of bail to an adult in relation to an offence, a court or authorised officer must consider—[/font]
[font=Times New Roman](a) the likelihood of the person appearing in court in relation to the offence; and[/font]
[font=Times New Roman](b) the likelihood of the person, while released on bail—[/font]
[font=Times New Roman](i) committing an offence; or[/font]
[font=Times New Roman](ii) harassing or endangering the safety or welfare of anyone; or[/font]
[font=Times New Roman](iii) interfering with evidence, intimidating a witness, or otherwise obstructing the course of justice, in relation to the person or anyone else; and[/font]
[font=Times New Roman](c) the interests of the person.[/font]
[font=Arial][/font]
[font=Arial][/font]
[font=Arial] Examples for paragraph (c)[/font]
[font=Times New Roman]1 the need of the person for physical protection[/font]
[font=Times New Roman]2 the period that the person may be held in custody if bail is refused and the conditions under which the person would be held[/font]
[font=Times New Roman]Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).[/font]
[font=Times New Roman](2) Also, if the person is convicted of an indictable offence, or the elements of an indictable offence are proven in relation to the person, but the person has not been sentenced, a court must consider the likelihood of the person being given a sentence of imprisonment. [/font]
[font=Times New Roman](3) In considering the matters mentioned in subsection (1) or (2), the court or authorised officer may have regard to any relevant matter, including—[/font]
[font=Times New Roman] (a) the nature and seriousness of the offence; or[/font]
[font=Times New Roman] (b) the person’s character, background and community ties; or[/font]
[font=Times New Roman] (c) the likely effect of a refusal of bail on the person’s family or dependants; or[/font]
[font=Times New Roman] (d) any previous grants of bail to the person; or[/font]
[font=Times New Roman] (e) the strength of the evidence against the person.[/font]
[font=Arial]Example[/font]
[font=Times New Roman]In considering under subsection (1) the likelihood of the person appearing in court in relation to the offence, the court or authorised officer may have regard to whether the person failed to comply with a bail condition previously.[/font]
[font=Times New Roman][/font]
[font=Times New Roman][/font]
In practice, reasons put forward in bail applications in court include that the person is not likely to re-offend, is not a threat to witnesses, has strong links to the community and is not a flight risk, has family commitments, is in stable employment, is not likely to further injure the victim, etc.
An ordinary average person who has injured someone on the road and has been charged with something like dangerous/culpable driving will generally get bail. If the facts disclose attampted murder (ie the driver INTENDED to kill the injured person), it would be less likely that bail would be granted.
Note that courts will be reluctant to grant bail where they believe there is a lynch mob waiting for the accused.
SteveA