Custody

karlitob

So, you know when a serious crime occurs and your man is locked up before the trial occurs - which I understand could be a while……clearly, the guards and the judge are all saying “this is a bad boy, we know he did it, let’s keep him locked up for everyone’s good before the trial”.

Does the fact that someone is in custody for a serious crime bias their defence in front of jurors?

Peregrinus

https://www.boards.ie/discussion/2058210011/custody

Two points:

1. How would the jurors know whether the defendant had been bailed or remanded in custody before trial? Unless the case is prominent enough to have recevied newspaper coverage of pre-trial proceedings, they generally wouldn't.
2. The court considers lots of factors when making bail decisions, but "we know he did it" is not one of them. That's a question that is not considered until the trial.

Larbre34

Having been a juror who convicted someone of murder once, I can tell you I hadn't a clue at any point whether the person was on bail or on remand.

I found out subsequently that they were on remand, which made sense for lots of reasons, but I can honestly say that given the amount of stuff we had to process and consider in the trial, if I had found out their custody status, it wouldn't have made one atom of difference to my decision.

karlitob

Thank you both. Very interesting.

Claw Hammer

https://www.boards.ie/discussion/2058210011/custody

The guards might oppose bail but it is for the judge to decide. One thing a judge can't do is decide to keep someone in custody because "they are sure he did it". There are specific criteria for refusing bail, such as the likelihood of the defendant absconding, interfering with witnesses or potentially committing further crimes.

karlitob

https://www.boards.ie/discussion/comment/117928451#Comment_117928451

I hope everyone realises that I was being facetious in my language.

Thanks for your reply. In jest I said, "let’s keep him locked up for everyone’s good before the trial" and as you say "potentially committing further crimes". I'm sure the judge takes into serious considerations what the guards say - especially for serious crimes and I presume the serious guards that are tasked with dealing with the issue. Lots of use of the word 'serious' there.

Anyway, just musing on these things, and always get such accurate and clarifying responses on this forum. Thank you all.

Claw Hammer

https://www.boards.ie/discussion/comment/117928867#Comment_117928867

facetious or not , bail is no laughing matter. Refusal of bail in the District Court leads to an appeal to the High Court at taxpayer expense. Refusal of bail in the High Court leads to further appeals. Guards, Judges, and the DPP do not want the hassle of rounds of appeals,