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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

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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.

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