Bail is a tool to reduce jail populations.
Three options:
1. Society could lock EVERYONE away for even minor offenses until their court hearing / trial. But that would put much pressure on the jail system and disrupt lives.
2. We could arrest people, process them, and then release them with a court date to appear on. However, we run into the problem of a lot of people not showing up and then having to organize a manhunt to go get them.
3. We could arrest people, process them, and then release them with a future court date ONLY IF they pay the court some money to help offset the cost of hunting for them if they fail to appear. Bail.
hmm nobody has mentioned RoR yet (or I missed it!)
-> "The pretrial release of an arrested person who promises, usually in writing but without supplying a surety or posting bond, to appear for trial at a later date." (Black's Law Dictionary, 9th)
furthermore, very often - even if bail is set - D doesn't actually pay money (ie if you own a house you can use that - just like borrowing against it)
I'm not sure you have to pay in the UK, perhaps some ppl do but bail from my experience has been more of a cooldown period between your case being taken to court or it being dropped.
the main thing to remember is that if you commit a crime while on bail or break your bail conditions its pretty much strait to jail.
I got in trouble once and was let out on bail and didn't have to pay anything but i was told that if i commit a crime anywhere between the day i was released on bail to the day i had to go back to the police station they would issue a warrant. then again i wasn't an adult at the time so perhaps that factored into the reason for not having to pay. In my case it was dropped i just happened to be in the wrong place at the wrong time.
probation is similar to bail, it follows the same idea of 'break the law and back to jail you go'. but in the case of probation you would of already served some time and are serving the rest mostly free but on a leash. some ppl usually thieves or drug dealers can get put on tag during either if they think your a risk of reoffending.
Last edited by Heathy; 2013-12-28 at 05:44 AM.