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79-529: Bail is the conditional release of an arrested person prior to their trial, or the money or property used as security that the person will appear at trial. Bail may also refer to: Bail In other countries, such as the United Kingdom , bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. Bail offered before charge

158-473: A wound is an injury that breaks the continuity of the skin . There must be a division of the whole skin and not merely a division of the cuticle or upper layer. A single drop of blood is sufficient, but it must fall outside the body: see JJC (a minor) v. Eisenhower (1984) 78 Cr App R 48. In this case, a pellet gun was fired at the victim. The bullet ruptured blood vessels above his eye, causing his eye to fill with fluid. Lord Justice Robert Goff said

237-405: A bail bond or cash bail, an amount of money is posted so that the suspect can be released from pre-trial detention . Unless posted by a bail bondsman, this deposit is refunded if the suspect makes all of their required court appearances. In 46 US states, a commercial bail bondsman can be paid to deposit bail money on behalf of a detained individual. This practice is mostly illegal in the rest of

316-470: A charged person is held because of concern of possible escape or of a continuation of criminal activity. Bail cannot be considered where there is a concern of influencing witnesses or otherwise frustrating the proceedings. Bail is also excluded in case of 31 specified serious crimes (e.g. murder, grievous bodily harm , rape, robbery, public endangerment, etc.) when the person is held due to concern of continuation of criminal activity. Bail may be posted either by

395-561: A constitutional right to bail, in Canada the accused may be denied bail because the public confidence in the administration of justice may be disturbed by letting the individual go free pending the completion of the trial or passing of sentence ( Criminal Code , s. 515 (10)(c)). Sureties and deposits can be imposed, but are optional. Instead of remand, a court in the Czech Republic may decide to accept: Bail can be considered when

474-546: A crime could only be refused bail if they were likely to flee or to interfere with witnesses or evidence. The Sixteenth Amendment of the Constitution of Ireland , approved by referendum in 1996, provided that a court could refuse bail to a suspect where it feared that while at liberty they would commit a serious criminal offence. The Bail Act 1997 was passed by the Oireachtas the following year, and it governs bail in

553-433: A criminal prosecution. As in other Commonwealth nations , people charged with a criminal offence in Canada have a prima facie right to reasonable bail (known in Canada as 'judicial interim release') unless there is some compelling reason to deny it. These reasons can be related to the accused's likelihood to skip bail, or to public danger resulting from the accused being at large. Unlike many other jurisdictions granting

632-508: A defendant. However, there is an exception when the charges are especially serious, such as drug trafficking, family violence or murder. In such cases, there is no entitlement to bail, and it must be argued as to what circumstances exist that justify a grant of bail. In Victoria, bail may be refused to a defendant who faces a more serious charge unless the defendant demonstrates compelling reasons why bail should be granted. Compelling reasons may generally be established by demonstrating that jail

711-429: A deposit, but other forms of pre-trial release are permitted; this varies by state. Many states have a "bail schedule" that lists the recommended bail amount for a given criminal charge. At the first court appearance (the arraignment ), the judge can set the bail at the amount listed on the schedule or at a different amount based on the specific facts of the crime and the person accused. A common criticism of bail in

790-522: A large proportion of the audience were seized by panic and rushed in fright down the staircase forcing those in front against the iron bar; he "inflicted" injuries which resulted by reason of the pressure and struggling of the crowd thus created on the staircase. David Ormerod said that the effect of the decision in R v Gibbins and Proctor appears to be that the offence of causing grievous bodily harm under section 18 can be committed by an omission. In R v Mandair , Lord Mackay of Clashfern LC said, with

869-693: A limited number of court cases. Though the California legislature attempted to eliminate cash bail in 2018, this change was vetoed by California Proposition 25 in November 2020. In 2019, New York passed bail reform legislation that took effect on January 1, 2020, eliminating cash bail for many misdemeanor and non-violent felony charges. However, this law was later narrowed by the governor due to public pushback led by prosecutors and law enforcement officials. Grievous bodily harm Assault occasioning grievous bodily harm (often abbreviated to GBH )

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948-557: A misdemeanor, and being convicted thereof shall be liable ... to be kept in penal servitude ... The words omitted were repealed by the Statute Law Revision Act 1892 , as for section 18. In Northern Ireland, it reads: Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for

1027-419: A panic at a theatre whereby people trampled on one another: Reg. v. Martin . (1) 8 Q. B. D. 54 The prisoner in that case did what was certain to make people crush one another, perhaps to death, and the grievous bodily harm was as truly inficted by him as if he had hurled a stone at someone's head. Take also the illustration of my brother Stephen, of a man who digs a pit for another to fall into, whereby that other

1106-554: A person could be bailed when accused of these crimes on application of the Lord Advocate or by a decision of the High Court itself. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 reintroduced restrictions on the granting of bail by requiring exceptional circumstances to be shown when a person is accused of a violent, sexual or drugs offence, and they have a prior conviction for a similar offence. In Scotland,

1185-607: A prisoner coming to court. They promise to pay a sum of money to the court if the prisoner does not appear as agreed; however, commercial bail bonding as in the U.S. is illegal. There are three kinds of bail: In People (AG) v O'Callaghan (1966), the Irish Supreme Court had ruled that the provisions of Article 40.4 of the Irish Constitution , which guarantees personal liberty and the principle of habeas corpus , meant that an individual charged with

1264-412: A properly directed jury could not in the circumstances have come to any other conclusion than that the appellant must have been aware that what he was doing was likely to cause physical injury to the victim. In practice, malice in the case of these offences means no more than foresight of the risk of bodily harm: R v Barnes [2005] 1 Cr App R 30. Section 18 has two separate mens rea requirements and

1343-466: A range of injuries: R v Woodland (2007) 48 MVR 360. However, R v Saunders [1985] Crim LR 230, [1985] LS Gaz R 1005, allows "serious injury" as a sufficient direction to the jury . It is for the judge to decide whether the word "really" needs to be used in their direction to the jury: R v Janjua and Choudhury [1999] 1 Cr App R 91, The Times, 8 May 1998, CA (in this case, as a knife with a blade at least 5 + 1 ⁄ 2 inches long had been used, it

1422-425: A result, the appellant was guilty of an offence under section 20. The appellant was acquitted of the offence under section 18, but convicted of offences under section 20. The Court of Appeal held that an intention to frighten was not enough to constitute the necessary mens rea for section 20, and that the direction to the contrary effect was a misdirection. However, they dismissed the appellant's appeal. They said that

1501-586: A term not exceeding 7 years. This was subject to the same omissions as in England; the Criminal Justice (No. 2) (Northern Ireland) Order 2004 enacted the other amendments. The distinction between felony and misdemeanor was abolished by the Criminal Law Act 1967 . Accordingly, "guilty of felony" is to be read as "guilty of an offence". The Criminal Law Act (Northern Ireland) 1967 provided

1580-544: A time when the prisoner knew, but his wife did not know, that he was suffering from gonorrhoea , he had "connection" with her; that the result was that the disease was communicated to her, and that had she been aware of the prisoner's condition she would not have submitted to the intercourse. Clarence's conviction under section 20 was quashed by the Court for Crown Cases Reserved by a majority of 9 to 4. Wills , A. L. Smith , and Stephen JJ specifically said that they thought

1659-522: Is a foreign national. The Code of Criminal Procedure, 1973 does not define bail, although the terms bailable offence and non-bailable offence have been defined in section 2(a) of the Code. A Bailable offence is defined as an offence which is shown as bailable in the First Schedule of the Code or which is made bailable by any other law, and non-bailable offence means any other offence. A person who

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1738-471: Is a great trust exercisable, not casually but judicially, with lively concern for the cost to the individual and community. To glamorize impressionistic orders as discretionary may, on occasions, make a litigation gamble decisive of a fundamental right. After all, the personal liberty of an accused or convict is fundamental, suffering lawful eclipse only in terms of procedure established by law. The courts have also held that foreign nationals cannot be deprived of

1817-602: Is a term used in English criminal law to describe the severest forms of battery . It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861 . The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent ", whereas

1896-425: Is an unlikely outcome for the charge, or that bail conditions can be imposed that make re-offending unlikely. In cases where a defendant is charged with murder, terrorism or offending with a moderately serious charge while on bail, to become eligible for bail the defendant must prove exceptional circumstances. Exceptional circumstances are difficult to demonstrate, but may arise as a consequence of significant delay in

1975-414: Is arrested for a 'bailable' offence may secure bail at the police station, while those who fail to secure police bail and those arrested for non-bailable offences have to secure bail in court. Sections 436 to 450 set out the provisions for the grant of bail and bonds in criminal cases. The amount of security that is to be paid by the accused to secure his release has not been mentioned in the code. Thus, it

2054-478: Is given bail in cases where remand is not justified but there is a need to provide an incentive for the suspect to appear in court. Bail amounts may vary depending on the type and severity of crime the suspect is accused of; practices for determining bail amounts vary. In the United States , it is common for bail to be a cash (or other property) deposit. Cash bail in other countries is more limited. Known as

2133-505: Is injured. I do not think that this section was ever intended to apply to the administration of poison, and most of the arguments I have used to shew that sexual offences were not intended to be dealt with in s. 47 apply with equal force to s. 20. The Court for the consideration of Crown Cases Reserved in Reg. v. Taylor (1) Law Rep. 1 C. c. R. 194. decided that in the offence of "unlawfully and maliciously inflicting grievous bodily harm", an assault

2212-447: Is known as pre-charge or police bail, to secure the suspect's release under investigation. For minor crimes, a defendant may be summoned to court without the need for bail, or may be released on recognizance (promising to appear in court, with no bail required) following arraignment . For serious crimes, or for suspects who are deemed likely to fail to turn up in court, they may be remanded (detained) while awaiting trial. A suspect

2291-581: Is left to the discretion of the court to put a monetary cap on the bond. The Supreme Court of India has delivered several cases wherein it has reiterated that the basic rule is – bail and not jail. One such instance came in State of Rajasthan, Jaipur v. Balchand alias Baliay which the Supreme Court decided on 20 September 1977, and held that the basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting

2370-425: Is mentioned in passing in § 71, part 3, of the constitution of Denmark . Anyone who is arrested must be put before a judge within 24 hours. If the arrestee cannot immediately be released, the judge must issue a decision, accompanied by grounds, as soon as possible and at the latest within three days, as to whether he is to be jailed, and, if he may be released against guaranty , determine the kind and size hereof. In

2449-466: Is necessarily included. So far as the decision is concerned, the same question may be said to arise under s. 20 as under s. 47. But I think the argument is even stronger here, for the context seems to me to shew that direct personal violence of some kind was intended, so that even if the constructive assault contended for by those who support a conviction under s. 47 were established, a conviction under this section would still be wrong. Stephen J said: But

Bail (disambiguation) - Misplaced Pages Continue

2528-443: Is not enough (see R v Sullivan ). In R v Sullivan [1981] Crim LR 46, CA , the appellant was tried on charges of causing grievous bodily harm with intent and inflicting grievous bodily harm. The victim said that the appellant and a companion were drunk. He said that while he was in a street that was eight feet wide and had a narrow pavement, the appellant drove a car through that street at twenty-five to thirty miles an hour, mounted

2607-593: Is regulated primarily by the Bail Act 1976 and the Police and Criminal Evidence Act 1984 , both of which have been heavily amended by later legislation such as the Policing and Crime Act 2017 . The Bail Act 1976 was enacted with the aims of creating more conditions by which defendants could be denied bail and also redefining the parameters of fulfilling bail. The Bail Act also nullified the recognizance system, removing

2686-484: Is released on bail under sub-section (1). However, for that, the Court has the power to impose any condition which it considers necessary. Some conditions that the court may place while granting bail are to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or to ensure that such person shall not commit an offence similar to the offence of which they are accused or of

2765-409: Is there an "infliction of bodily harm either with or without any weapon or instrument"? I think not for the following reasons. The words appear to me to mean the direct causing of some grievous injury to the body itself with a weapon, as by a cut with a knife, or without a weapon, as by a blow with the fist, or by pushing a person down. Indeed, though the word "assault" is not used in the section, I think

2844-460: Is therefore an offence of specific rather than basic intent. In R v Belfon [1976] 1 WLR 741, the Court of Appeal confirmed that references to mere foresight or recklessness that harm was likely to result are sufficient for the element "unlawfully and maliciously inflict/cause" for the basic intent in both sections 18 and 20 but insufficient for the specific element. The intention either to cause or to resist arrest must be proved subjectively, say, in

2923-613: The Criminal Law Act 1967 . The words omitted in the penultimate place ("at the discretion of the court") were repealed by the Statute Law Revision (No. 2) Act 1893 . The words omitted at the end were repealed by the Statute Law Revision Act 1892 (words limiting penal servitude to at least three years, or imprisonment to at most two years, and removing mention of hard labour) and the Statute Law Revision (No. 2) Act 1893 (words prescribing imprisonment as an alternative to penal servitude). This section replaces section 4 of

3002-418: The Offences against the Person Act 1837 , which in turn replaced section 12 of the Offences against the Person Act 1828 , which in turn replaced section 1 of Lord Ellenborough's Act (1803). In England and Wales, section 20 now reads: Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of

3081-571: The United States Constitution states, "Excessive bail shall not be required", thus establishing bail as a constitutionally-protected right. What constitutes "excessive" is a matter of judicial discretion, and bail can be denied if the judge feels that it will not aid in forcing the accused back to trial. Money bail is the most common form of bail in the United States and the term "bail" often specifically refers to such

3160-590: The courts of Scotland , with the final decision in solemn proceedings being with the High Court of Justiciary . All crimes are bailable, and bail should be granted to any accused person "except where there is good reason for refusing bail". The Bail, Judicial Appointments etc. (Scotland) Act 2000 , an Act of the Scottish Parliament, had removed the previous restrictions on bail that meant that murder and treason were not ordinarily bailable. However,

3239-459: The Republic. In the modern English bail system, monetary payments play a very small role. Securities and sureties can be taken as conditions for being granted bail, but these amounts are not excessive. Wider restrictions such as curfews , electronic monitoring , presenting at a police station , and limits on meeting specific people or going to specific places are more common conditions. Bail

Bail (disambiguation) - Misplaced Pages Continue

3318-497: The Sheriff Courts, or to the High Court of Justiciary when a case is on trial there. The High Court of Justiciary has final authority to decide all bail decisions, and will decide on bail appeals for cases before the High Court on first instance. A Procurator Fiscal or Advocate Depute can request the High Court to review any bail decision where they believe that bail should not have been granted. The 8th Amendment to

3397-431: The United States is that a suspect's likelihood of being released is significantly affected by their economic status and systemic racial bias. Once detained pretrial, these economically disadvantaged people have been shown to experience conditions in jails that improperly induce guilty pleas (whether or not they are factually or legally guilty). In response, in 2014 New Jersey and Alaska have abolished cash bail for all but

3476-407: The accused has directly and violently "inflicted" it by assaulting the victim, or where the accused has "inflicted" it by doing something, intentionally, which, although it is not itself a direct application of force to the body of the victim, does directly result in force being applied violently to the body of the victim, so that he suffers grievous bodily harm. In R v Clarence , it appeared that at

3555-400: The accused, courts are required to balance considerations of personal liberty with public interest. Accordingly, the granting of bail should be the rule rather than the exception. The Supreme Court has laid down in its judgements, Personal liberty, deprived when bail is refused, is too precious a value of our constitutional system recognized under Article 21 that the crucial power to negate it

3634-517: The agreement of the majority of the House of Lords, "In my opinion ... the word 'cause' is wider or at least not narrower than the word 'inflict ' ". In R v Burstow, R v Ireland , it was held that an offence of inflicting grievous bodily harm under section 20 of the Offences against the Person Act 1861 can be committed where no physical violence is applied directly or indirectly to the body of

3713-543: The case is not resolved at the first court appearance. When considering granting bail, the police and courts take into consideration factors such as: the persons likelihood of showing up to court, the nature of the offence, the persons past conduct, whether the person will offend again while out on bail, and the risk of evidence/witnesses being tampered with. Certain offences (such as violence, drug-dealing, or repeat offenders) automatically disqualify persons from being granted bail. People who have previously breached their bail or

3792-474: The case of Greenland, this decision may be deviated from by law, insofar as it must be seen as required by spatial circumstances. The possibility is further established in Retsplejeloven (the law relating to the administration of justice) § 765: If the requirements for the use of pre-trial detention are present, but the purpose of the detention may be achieved by less invasive measures, the court, with

3871-402: The charge "malicious wounding with intent to cause grievous bodily harm". The Crown Prosecution Service says that the following factors may be evidence of intention: Sections 20 and 47 are offences of basic intent and can be an alternative charge to section 18, and/or section 47 is a lesser included offence . Consent is only an allowed defence to either section if there is considered to be

3950-399: The charged person, or with his or her consent, by a third party, but this only after this third party has received a thorough briefing regarding the charges and reasons for custody and possible grounds for the forfeiture of the bail. After the bail has been posted, the court must again review the grounds for bail, and must decide either to accept or refuse the bail. When accepting the bail,

4029-514: The circumstances. Section 437(3) elaborates the conditions set by the law to get bail in non-bailable offences. The sub-section says that when a person accused or suspected of the commission of an offense punishable with imprisonment which may extend to seven years or more or of an offense under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offense,

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4108-457: The commission of which they are suspected, or otherwise in the interests of justice. In New Zealand, those charged with a criminal offence have a right to be released on bail with reasonable terms and conditions, unless there is a good reason for continuing to be held in custody. When one is arrested the police decide whether to grant the person bail until their court date. After that the courts will have discretion whether to grant bail again, if

4187-486: The conditions associated with it are less likely to be granted bail again. In the Republic of Ireland , bail ( Irish : bannaí , from Old Norse band , "binding") is when a person enters a written bond ( recognisance ), committing to appear before the court to answer the charges made against them. A person may be required to lodge money as part of their bail. A surety is a person who makes themselves responsible for

4266-406: The consent of the charged, makes a decision about a substitute for pre-trial detention. Part 2 . The court may thus decide, that the charged must (...) supply an economic guaranty for his presence at the court meeting and the carrying-out of any sentencing. However, the practise is rarely used. For example, there were seven instances during the period 1973–1987. In France, bail may be ordered by

4345-432: The course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court. The bench of Krishnaiyer, V.R. had observed that when considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with

4424-399: The court decided also on damages and the aggrieved party asks for it within three months, the bail or its part may be used also to reimburse the damages. Otherwise, the court returns the bail. Both the prosecutor and the person in custody may challenge any decision on custody (including bail) by filing a complaint which leads to review by an appellate court. The possibility of posting bail

4503-406: The court may also require the charged person to stay in the country. The court may decide to rescind the bail if the charged person The court holds out on bail as long as the reasons for custody remain (which includes pending of the charges), and in case of conviction until the convict starts serving prison sentence, reimburses the criminal proceedings and/or pays court-ordered fine. In case that

4582-486: The court. Generally, for lesser crimes, a standard amount is asked to be deposited for awarding the bail. There are some conditions put under section 437 of the Cr.P.C. wherein bail can be requested even for a non-bailable offence. In non-bailable cases, bail is not the right of the accused, but the discretion of the judge if regards the case as fit for the grant of bail, it regards imposition of certain conditions as necessary in

4661-416: The court. Taking into consideration the facts of the case the apex court held that the circumstances and the social milieu do not militate against the petitioner being granted bail. When a person accused of a crime is arrested, his statement is recorded and information such as the name, residence address, birthplace, charges filed are noted. The police officer may also check back the criminal record if any in

4740-444: The disease had not been inflicted within the meaning of the word "inflict" in section 20. Mathew J said that he agreed with Stephen. Stephen said that he had been informed that Grantham J agreed with him. Huddleston B said that he thoroughly agreed with Stephen. Lord Coleridge CJ said that he agreed with all or almost all of what Wills and Stephen said. Hawkins J specifically said that he thought it had been inflicted within

4819-656: The examining magistrate or the judge of freedoms and detention within the framework of judicial control in French law (before the trial). It guarantees: Indian law stresses the principles of presumption of innocence. The principle embodies freedom from arbitrary detention and serves as a bulwark against punishment before conviction. More importantly, it prevents the State from successfully employing its vast resources to cause greater damage to an un-convicted accused than he/she can inflict on society. While considering bail applications of

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4898-630: The focus is normally for those who are opposed to bail to convince the courts that bail should not be granted, with the procurator fiscal given guidance to use the nature and gravity of an offence as grounds to oppose bail. A person who is refused bail can appeal against the refusal to either the Sheriff Appeal Court for summary proceedings in the Sheriff Courts and Justice of the Peace Courts and solemn proceedings in

4977-411: The gravity described in the section, i.e. a wound or serious physical injury. It is enough that he should have foreseen that some physical harm to some person, albeit of a minor character, might result. Therefore, the defendant must at least be reckless as to whether some harm, albeit not necessarily serious harm, is likely to be caused (see R v Savage, DPP v Parmenter ), but a mere intention to frighten

5056-400: The lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable ... to be kept in penal servitude for life ... The words omitted in the first to third places specifically included shooting or attempting to shoot, and included some words considered redundant; they were repealed by section 10(2) of, and Part III of Schedule 3 to,

5135-400: The meaning of the word "inflict" in section 20. Wills J said (footnotes have been included in the body of the text, indicated by "(1)"): But I think the section clearly points to the infliction of direct and intentional violence, whether with a weapon, or the fist, or the foot, or any other part of the person or in any other way not involving the use of the weapon, as for instance by creating

5214-412: The offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm". This section now reads: Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, ... with intent, ... to do some ... grievous bodily harm to any person, or with intent to resist or prevent

5293-447: The pavement and injured him. The appellant denied that he was the driver of the car in a written statement to the police and said he could add nothing to that statement in an unsworn statement from the dock. However, during his closing speech, counsel for the defence suggested that all the appellant intended to do was frighten the victim and no more. The jury were directed that if there was an intention to frighten, and injury took place as

5372-413: The police cannot grant bail; it can only be granted by a judicial magistrate/judge. The Investigating Officer must produce the accused before the judicial magistrate/judge concerned within 24 hours of his arrest. At that time, the accused has a right to apply for bail. Depending upon the facts of the case, the judge decides whether bail should be granted. If bail is granted the accused must deposit money with

5451-482: The police station and ask for fingerprints to file a case against the accused. Under the Code of Criminal Procedure 1973 (First Schedule), offences have been classified as "bailable" and "non-bailable" offences. In the case of bailable offences, if the accused produces proper surety, and fulfils other conditions, it is binding upon the Investigating officer to grant bail. However, in case of a non-bailable offence,

5530-495: The requirement of paying a specific amount of money and instead arresting defendants for failing to surrender. The Bail Act created a qualified right to be granted bail before conviction, except for when certain factors applied. This does not guarantee a person will get bail, but it places the onus on the prosecution to demonstrate why bail should be refused in preference to custody. In England and Wales there are three types of bail that can be given: Bail can be granted by any of

5609-456: The right to seek bail. The Delhi High Court observed, Law does not permit any differentiation between Indian Nationals and Foreign citizens in the matter of granting bail. What is permissible is that, considering the facts and circumstances of each case, the court can impose different conditions which are necessary to ensure that the accused will be available for facing the trial. It cannot be said that an accused will not be granted bail because he

5688-519: The rupturing of blood vessels is an internal wound; only the breaking of whole skin would warrant a wounding charge. A bruise or internal rupturing of blood vessels is not a wound, and neither is a broken bone. Wounding does not imply the use of a weapon; a kick may be wounding. Grievous bodily harm means "really serious bodily harm": DPP v Smith [1961] AC 290, HL; R v Cunningham [1982] AC 566, HL; R v Brown (A) [1994] 1 AC 212, HL; R v Brown and Stratton [1998] Crim LR 485, CA. It encompasses

5767-552: The same for Northern Ireland, until the 1861 Act was amended in 2004 to update the formulation. Penal servitude was abolished by the Criminal Justice Act 1948 and the Criminal Justice Act (Northern Ireland) 1953 . Accordingly, the phrase "penal servitude" is to be read as "imprisonment". None of the words used in these sections are defined elsewhere in the Act, but they have been defined by case law. For this purpose,

5846-430: The street where she lived. He was frequently, and unnecessarily, at her home and place of work. He surreptitiously took photographs of the victim and her family. He sent her a note which was intended to be menacing, and was so understood." Neither offence requires that a common assault be committed. In R v Wilson, R v Jenkins , Lord Roskill said: In our opinion, grievous bodily harm may be inflicted ... either where

5925-566: The victim. Lord Hope of Craighead said "the word 'inflict' implies that the consequence of the act is something which the victim is likely to find unpleasant or harmful." He said that, in the context of a criminal act, the words "cause" and "inflict" may be taken to be interchangeable. Lord Steyn described the actions of Burstow as follows: "During an eight-month period in 1995 covered by the indictment he continued his campaign of harassment. He made some silent telephone calls to her. He also made abusive calls to her. He distributed offensive cards in

6004-464: The words imply an assault and battery of which a wound or grievous bodily harm is the manifest immediate and obvious result. A. L. Smith J said "it appears to me that this offence cannot be committed unless an assault has in fact been committed, and indeed this has been so held". Hawkins J said that he thought that the contention that bodily harm cannot be legally said to be "inflicted" unless it has been brought about by some act amounting to an assault

6083-524: The world. In Germany, the use of bail bondsmen is legal if the court allows it in its decision to grant cash bail. Illinois, Kentucky, Oregon, and Wisconsin have outlawed commercial bail bonds, while New Jersey and Alaska rarely permit money bail. Bail laws in Australia are similar to the laws of New Zealand and Canada, but are different in each state. Each state holds that there is a prima facie entitlement to bail for most charges upon application by

6162-434: Was not possible that something less than really serious harm was intended). In R v Martin , shortly before the conclusion of a performance at a theatre, the defendant put out the lights on a staircase which a large number of persons had to descend in order to leave the theatre, and he also obstructed the exit by placing an iron bar across a doorway which they had in leaving to pass, and upon the lights being thus extinguished,

6241-440: Was untenable. In R v Mowatt , Lord Diplock said: In the offence under section 20 ... the word "maliciously" does import upon the part of the person who unlawfully inflicts the wound or other grievous bodily harm an awareness that his act may have the consequence of causing some physical harm to some other person ... It is quite unnecessary that the accused should have foreseen that his unlawful act might cause physical harm of

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