What is the matter of discretion?

What is the matter of discretion?

the power or right to decide or act according to one’s own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay.

How is discretion used in deciding bail?

A court exercises its discretion with respect to the allowance of bail. In reaching its decision, it evaluates the circumstances of the particular case, including the existence of doubt as to the accused person’s appearance at trial. The amount of bail set is within the discretion of the court. …

What is the bail as a matter of right?

Bail is either a matter of right or of discretion. It is a matter of right when the offense charged is not punishable by death, reclusion perpetua or life imprisonment.

When bail is a matter of right and when bail is a matter of discretionary?

> However, upon conviction by the RTC of an offense not punishable by death, life imprisonment, or reclusion perpetua, bail becomes a MATTER OF DISCRETION NOTA BENE: When bail is a matter of right, the accused may apply for and be granted bail even prior to arraignment.

When bail is a matter of discretion Philippines?

Bail becomes a matter of discretion if the offense charged is punishable by death, reclusion perpetua, or life imprisonment that is, bail will be denied if the evidence of guilt is strong.

What does bail and release on bail is discretion mean?

A crime is bailable or non-bailable. In the former, bail can be claimed by the accused as a matter of right. In the latter, bail is at the discretion of the judge. The Supreme Court had to intervene to get the bail cancelled.

Is prosecutorial discretion good or bad?

Prosecutorial discretion is one of the most important aspects of our criminal justice system. It affords district attorneys a tremendous deal of power. Prosecutors can choose not to prosecute a crime for which someone is arrested. They can decide to pursue less serious charges.

Can a bail be demanded as a matter of right?

The division bench of the High Court of madras has held that the essential distinction between a bailable and non bailable offence is that in bailable offences bail would be granted as a matter of right/course, if the arrested person agrees to furnish the bail, whereas in non bailable offences it is on the Court’s …

Is bail a constitutional right?

What is Bail? Bail, guaranteed by the Eighth Amendment of the U.S. Constitution, ensures the Court that a criminal defendant will appear for trial. While bail was guaranteed by the Constitution, the courts still had to ensure the defendant’s appearance for trial.

When did May bail Bond get Cancelled?

Cancellation of bail. — Upon application of the bondsmen, with due notice to the prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death. The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of the case, or execution of the judgment of conviction.

What happens after bail is granted Philippines?

Bail secures the release of a person from jail, provided that he or she will return for court appearances or trial. In the event the suspect fails to return to court, the bail will be forfeited. Regardless of whether the person is found guilty or not guilty, the bail money will be returned at the end of the trial.

When does the court have discretion to grant bail?

Interim bail is been granted with respect to conditions imposed by the courts. Court holds discretion to grant Interim Bail in both the provisions i.e., Regular or Anticipatory. Section 437 (3) and Section 438 (2) of Crpc provides certain conditions to be imposed, while court grants Bail ;

Can a person claim bail as a matter of right?

In bailable offences bail can be claimed as a matter of right. (ii) Non-Bailable offences: The offences which are grave and serious in nature and under which bail cannot be claimed as a matter of right rather in cases of non-bailable offences bail is completely a discretion of court.

Can a person be released on bail after surety?

Bail is a matter of discretion of Court in case of non-bailable offence that is, an accused person is not automatically entitled to get released on bail after submission of sureties and bond. It is a matter of discretion of court and police officer to release them.

Can a person be bailed on a non bailable offence?

When it comes to Non-bailable offences, this rule is not generally followed, as in this case bail is not the matter of right of the accused but it is a matter of discretion of the competent authority like Court or police officer whether to grant bail or not and it’s grant depends upon certain circumstances.