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Bail offered before charge is known as pre-charge or police bail, to secure the suspect's release under investigation. [ 2 ] 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 .
In 1966, Congress enacted the Bail Reform Act, which expanded the bail rights of federal criminal defendants by giving non-capital defendants a statutory right to be released pending trial, on their personal recognizance or on personal bond, unless a judicial officer determined that such incentives would not adequately assure the defendant's appearance at trial.
Another change relates to police bail, which can now only be authorised by an officer of inspector rank or higher (so normally a suspect will now be released without bail if not charged [citation needed]), and extending this period is now only possible once by authorisation of a superintendent officer, or again by a magistrates' court ...
Though other states have tried, Illinois is the first in the nation to eliminate cash bail as a condition of pretrial release for criminal defendants What to know about the end of the cash bail ...
Activists argue that cash bail is an unseemly system that unfairly targets minorities. At the same time, the practice is fundamentally American and thus resistant to change.
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The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. [5] Not all countries have such a concept, and in those that do, the period for which a person may be detained without charge varies by jurisdiction.
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