Risk Based Bail System in Nsw
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, on his providing a security that will ensure his presence before the court or any other authority whenever required. The governing bail legislation in Bangladesh is The Code of Criminal Procedure (Cr PC) 1898 which is age old one and legacy of British colony. The entire bail system has been developed in the Bangladesh on the basis of judicial pronouncement of the apex court. According to Article 111 of the Bangladesh Constitution the decision given by the apex court of the country is binding upon the courts subordinate to it. On the other hand the bail legislation in Australia more specifically in the New South Wales is exclusively governed by the relevant legislation. The bail Act 1978 (NSW) is the governing legislation in terms of bail. Recently the New South Wales parliament passed new Bail Act for making the legislation easier on the basis of Law Reform Commission’s report with subtle changes. However the aim of this essay is not to discuss the discourse of the bail legislation in Bangladesh or New south wales of Australia. Rather the aim is to assess the importance of doctrine of justification for granting bail in Bangladesh and the presumption why it has been manifested in Bangladesh and to discuss why the 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, on his providing a security that will ensure his presence before the court or any other authority whenever required. The governing bail legislation in Bangladesh is The Code of Criminal Procedure (Cr PC) 1898 which is age old one and legacy of British colony. The entire bail system has been developed in the Bangladesh on the basis of judicial pronouncement of the apex court. According to Article 111 of the Bangladesh Constitution the decision given by the apex court of the country is binding upon the courts subordinate to it. On the other hand the bail legislation in Australia more specifically in the New South Wales is exclusively governed by the relevant legislation. The bail Act 1978 (NSW) is the governing legislation in terms of bail. Recently the New South Wales parliament passed new Bail Act for making the legislation easier on the basis of Law Reform Commission’s report with subtle changes. However the aim of this essay is not to discuss the discourse of the bail legislation in Bangladesh or New south wales of Australia. Rather the aim is to assess the importance of doctrine of justification for granting bail in Bangladesh and the presumption why it has been manifested in Bangladesh and to discuss why the New South Wales
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