a) Explain the purpose of criminal law? (2) The purpose of criminal law is to limit human actions and to guide human conduct. It also provides punishment and penalties to those who commit crimes against property or person. There is no crime if there is no law punishing such unlawful acts. b) Discuss concepts of bail, remand, the purposes of punishment and sentencing. (4) One area of criminal law, which not only generates a lot of interest, but also a lot of assumptions, is the issuing of bail.
The decision whether or not to grant bail is initially made by the police and later by a court. If the court decides to grant bail to an accused, a monetary deposit is to be paid by another person, known as the surety, as security. The deposit from the surety is to ensure that the accused will appear before the court during a specified date. In the event that an accused fails to appear before the court, the deposit from the surety may be forfeited. Remand is when an appellate court sends an appealed case back to the trial court for further action, the case is said to be remanded. This usually happens if the trial judge has made an error that requires a new trial or hearing.
If the appellate court decides that the evidence should have been admitted and that the exclusion of the evidence was prejudicial to the party offering it, the appellate court would likely remand the case for new trial and order the evidence introduced. The purposes for which a court may impose a sentence on an offender is to ensure that the offender is adequately punished for the offence, to prevent crime by deterring the offender and other persons from committing similar offences, to protect the community from the offender, to promote the rehabilitation of the offender, to make the offender accountable for his or her actions and to denounce the conduct of the offender.