SU04 Police Bail and Summons Flashcards
What are the three ways a defendant will usually find out about a prosecution and charges?
Arrest followed by a charging document and taking the defendant directly to court.
Police bail with or without conditions.
Summons to appear by a prosecuting agency.
When is a person deemed charged?
When they are first notified of a prosecution.
What is the decision that needs to be made once a person has been arrested and charged?
Whether the prisoner should remain in Police custody and be taken to court at the next available time, or be given bail and told to report to the District court at the date and time indicated on the Notice of Police Bail.
Who decides on bail?
The officer in charge of the custody unit.
What can you do to assist the custody sergeant on the decision to bail?
Report any reasons of why the prisoner should not be bailed.
What is the definition of Bail?
A notice of bail taken by an authorised person to ensure the appearance of of an offender at an appointed time and place, as a result of being arrested.
What is the definition of released on bail?
The prisoner has been given their liberty subject to the conditions appearing on the notice of bail.
What is the definition of summons?
A summons is an instruction given by Police, or the court, to attend court at an appointed time and place.
What are the four circumstances in which the Police have the authority to bail prisoners?
When the prisoner is charged with any offence (except murder, treason, espionage or an A/B class drug dealing charge.
When the person is arrested without warrant.
When the person cannot be brought before the court immediately.
When the police consider it prudent to do so.
Can you bail a person arrested with warrant or arrested for breaching bail conidtions?
No, they must be held in custody and taken direct to court.
What is court bail?
Prisoners who cannot be bailed by Police (or whose bailed has been apposed by Police) must appear in court and apply to a judicial officer for bail.
When thinking of bail conditions, what are the three things to consider?
Relevant.
Reasonable
Enforceable
If someone is bailed without conditions and they only have to attend court, how long do they have to attend court?
No later than 14 days from the date bail was granted.
if someone is bailed with conditions additional to attending court, when do they have to attend court by?
Less than 7 days of the date bail was granted.
What are the eleven main types of bail conditions?
Residential
Curfew
Reporting
Prohibited Area
Driving
Alcohol
Drugs
Violence
Non-association
Passport
Miscellaneous
