There is something like that I would like to share with you all and at the same time, ask some questions that have been bugging me for a while. I hope that someone of credibility would be able to answer my questions... too much.. only 3 questions. I often listen to Finlay Salesse on his radio show enquetes en directe and what i found is that almost every single day, someone would call the station, complaining about their sureties (also known as Caution) not being discharged by whoever is in control of it. Some of them have had their cases dropped, found not guilty or some of them were convicted, done their required time in jail and released. Having read the legislation relating to bail (Bail Act 1999), It clearly states that: A defendant or detainee shall NOT be required to provide surety unless— (b)the Court is satisfied that there is reasonable ground to believe that the defendant or detainee is likely to breach a condition of his recognisance. My First Question: Why is it that every person arrested by the MPF is being forced into providing surety (CAUTION) regardless of the crime and circumstances. Does It mean that there is a presumption that every single person arrested is likely to breach conditions imposed? In most countries (I.e UK, France etc), there is no need to provide surety unless there is evidence of attempt to evade prosecution but if there is mere evidence of this happening, they would simply not get bail. My Second Question: What happen to a surety (caution) once paid and who has control over it. Does it go to a bank account or some sort of saving bond? My third Question: Why is it that people find it so hard; in some cases almost impossible to have their sureties discharged (refunded). I think Finlay Salesse has desperately been trying to get in touch with the Secretary to the Chief Judge to no avail. I hope that we would be able to find some answers on Facebook.
Posted on: Wed, 23 Apr 2014 21:04:11 +0000
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