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View Full Version : Remanded in custody?


tony draper
28th Apr 2003, 16:10
Two different murder cases on the local news here this AM, one , a young lady killed and another a old chap killed in the street by two ladies,police are not looking for anybody else, they have the people responsible, but in both cases the killers are released on bail.
Whatever happened to being remanded in custody? seems you can murder somebody now,get yourself arrested and be out on the street the next day.
Quite a few years ago a pal of mine was involved in a scuffle in which somebody was badly hurt, he and three others were on there way to Durham Nick, on remand the same day.

FLYING COUNSEL
28th Apr 2003, 20:02
I agree that these type of crimes are particularly serious and in no way would I wish to condone such crimes. Indeed, people who are found guilty of such crimes should indeed face the full rigours of the law. I am not familiar with the facts of that particular case, but I do wish to make a few general comments in this regard.

Depriving someone of their liberty should not be done lightly. In an advanced and modern democracy, a persons right to liberty is a most basic and fundamnetal right and should only be deprived in due accordance with law. That is not to say remand bever be used, but should be used sparingly.

We must remember that a person is innocent untill proven guilty. Being arrested and charged by the police and conviction upon indictment are two different things altogether. There are huge implications for a person on remand, regarding family life (possible break down of marriages/relationships, etc) , employment(loss of jobetc), psychological, etc. Importantly, for a person remanded and subsequently acquitted there is no compensation or any other remedy available, this notwithstanding the fact that there life may have been altogether ruined after spending up to 2 years in detention.

Would it not be better to strive for procedural change within the court structures, as to enable greater efficiency and shorten waiting time of a trial date. Surely this is more desireable, than blaming the individual accused for the shortcomings of the system, and in so doing depriving them of one of their most basic human rights.