Section 117 and Bail: What You Need To Know
Section 117 of the Mental Health Act 1983 sets out the criteria for a person to receive aftercare. Aftercare is care and treatment provided to people who have been detained under Section 2, 3, 4, 37, 45A or 47 of the Mental Health Act 1983. The aim is to reduce any risk of harm to the person or others. This can be done by continuing treatment in hospital, under guardianship or in the community. It is important that you are aware of what Section 117 is and how it has changed over time as this section can impact on how much bail you pay when released from hospital with an injunction.
NICE Guidelines
The National Institute for Health and Care Excellence (NICE) has produced guidelines for professionals to follow when carrying out their work with people detained under Section 2, 3 and 37. These guidelines include recommendations about aftercare in place under section 117. In addition to this, updated guidance was published in July 2013 about how social workers should use NICE guidelines when deciding whether or not someone should be subject to aftercare under section 117.
Bail Set By Social Services
If you are being held under a Section 2, 3 or 37 detention then you will have your bail set
In today’s blog, I will be discussing Section 117 and Bail. If you are in college, it is imperative that you understand what this section means, and how it affects you.
If a person is arrested for being intoxicated in a public place, or for being drunk and disorderly in a public place, then he/she must be taken to the nearest Garda station. A Garda may take someone who has been arrested for one of these offences to any Garda station (not just the nearest one) if:
(i) he/she considers it necessary;
(ii) the person arrested requests to be taken to a particular station.
Section 117 of the Higher Education Act of 1965 is part of an act that provides federal aid to students. The act is a set of laws that govern most colleges and universities in the United States.
So what does this mean for you?
Section 117 allows schools to request bail from students who are charged with a crime. If the school does not require bail, the court will determine if it is necessary for you to post bail in order to attend classes.
If your school does require bail, or if the judge orders you to post bail, then your options are:
1.Post bail at the courthouse when you’re arraigned. This is cash that’s returned when your case is resolved (after all fines and fees are paid).
2.Pay a bondsman to post bail on your behalf. This will cost you 10-15% of the total bail amount and isn’t refundable until your case is resolved (after all fines and fees are paid).
3.Hire a lawyer who charges on a sliding scale or free legal help, which can be found on www.legalmatch.com or www.attorneypages.com or www.nolo.com . A lawyer can negotiate for lower bail or no bail with the prosecutor
In this blog we will be discussing the bail and bond process, the different types of bonds a defendant may qualify for, and what to expect when posting bond. If you or a loved one has been arrested and jailed in New York City, you can immediately start the process of getting them released. The first step is to contact one of our experienced, professional bondsmen. Once we have gathered the relevant information from you and from the jail, we will be able to inform you about how much money will be required to get your friend or family member out of jail, and what methods of payment are accepted.
The amount that must be posted as bail depends on several factors. The severity of the crime for which a person is jailed; the individual’s standing in their community; their employment history; whether they are a flight risk; and many other factors go into determining how much bail will be set at their arraignment.
There are three different types of bonds that a person may qualify for in New York State: unsecured bonds, secured bonds, or cash-only bonds.
On May 12, 2015, a unanimous Supreme Court ruled that the federal government cannot prosecute students unless they are actively interfering with another person’s ability to enjoy the same right. The case involved a student who was protesting on an overpass above a highway. He was found guilty of “disorderly conduct” under Section 117 of the National Highways Act of 1956. The court declared that conviction unconstitutional.
The Municipal Court of Philadelphia has some good advice for protestors:
If you are arrested at a protest or demonstration, stay calm and follow the instructions of the police officers. If you are placed under arrest, say nothing to the police other than “I want to speak with my attorney.” Keep your hands where police can see them and comply with all requests for movement or identification.
Most of us are familiar with the Miranda Rights from watching cop shows on television. They go like this: “You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.” These rights protect all persons accused of a crime who are arrested by police and interrogated by authorities. Miranda Rights must be given to any person suspected or accused of a crime during custodial interrogation by an officer or agent of the government; a person who is in custody or deprived of his or her freedom in any significant way.
Of course, if you’re like most college students, you’re not really paying attention to anything besides the part that says, “If you cannot afford an attorney, one will be appointed for you.” After all, how often do college students really get into trouble with the police?
The answer is probably more often than most people think!
The Right To Remain Silent
Section 117 is the section of the Mental Health Act 2007 that covers community treatment orders. When a person is detained under the Mental Health Act and discharged with a CTO, this means they are allowed to live in the community but must continue to receive treatment as an out-patient at a mental health clinic or day hospital. The reason for this is that sometimes people with serious mental illness may stop taking medication or refuse treatment because they think they are well enough to manage without it when, in fact, they are not. If this happens, their condition will deteriorate and they may become very unwell again.
Section 117 after-care is part of the community care package provided by secondary (acute) mental health services to support people who have recently been discharged from hospital following admission under a section of the Mental Health Act 1983.
The term “section 117” was first used in the 1983 Act and referred to a specific legal process for people who needed on-going support after leaving hospital. Section 117 was changed by the Mental Health Act 2007 and now refers to any on-going support provided after discharge from hospital irrespective of how an individual left hospital. People can leave hospital voluntarily or involuntarily under different sections of the 1983 or 2007 Acts. In all cases, if treatment continues
