Melanie has been arrested and a magistrate has determined that the case will proceed to trial - HSC - SSCE Legal Studies - Question 15 - 2013 - Paper 1
Question 15
Melanie has been arrested and a magistrate has determined that the case will proceed to trial. The magistrate has decided not to release her while waiting for the tr... show full transcript
Worked Solution & Example Answer:Melanie has been arrested and a magistrate has determined that the case will proceed to trial - HSC - SSCE Legal Studies - Question 15 - 2013 - Paper 1
Step 1
Identify Melanie's Current Status
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Answer
Melanie has been arrested and is awaiting trial. Since the magistrate has decided not to release her, this indicates that she is not on bail.
Step 2
Evaluate Options
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Answer
Now, let's analyze the given options:
(A) She is on bail. This is incorrect as being on bail means she would have been released.
(B) She is in custody. This option could imply she is physically held by the authorities, which may or may not be the case.
(C) She is on remand. This option is correct as 'remand' means she is held in detention while awaiting trial and hasn't been released on bail.
(D) She is in detention. This is also a true statement, but it is a broader term that might not accurately describe her legal status specifically in relation to her upcoming trial.
Step 3
Conclusion
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Answer
Given the context that she cannot be released while waiting for her trial, the most accurate description of Melanie's situation is (C) She is on remand.