GO Bail Flashcards
Who is the bail authority?
Sergeant or able
Responsible officer for a police station
Who is a responsible officer for a police station?
- OIC
- Member who has, for the time being, been designated by the OIC as the officer with responsibility for persons accepted into custody at the station
- ‘POLICE BAIL AUTHORITY’
What is the Police Bail Authority?
Discretionary powers
Conferred by statute
Power to determine whether persons are eligible for release on bail
Limited to a person has been arrested on a BAIL ALLOWED warrant and a person not yet presented to the court for an offence for which they have been taken into custody.
What training is required in order to take on the role as a bail authority?
- Relevant online training
Cell specific cell duties: OC/Cell guard
What are the roles of arresting members?
- deliver them to a police station as soon as reasonable practicable
- Ensure they are aware they are entitles to apply for release on bail
- Provide a written statement regarding how to apply for bail and to what authorities and application for bail can be made (eg eligibility for a magistrates review)
What are the responsibilities once a person has been taken into custody regarding bail refusal?
child must be brought before the youth Court as soon as practicable for the purpose of making an application for release on bail
Adult must be brought before the appropriate authority in relation to the charges for which they were arrested as soon as practicable but not later than 1600 hrs the following day
What obligations exist for arresting officers with regards to youths?
- explain nature of the allegation against them
- Inform of right to legal representation
- Inform the guardian or adult nominated by the youth
When will someone be detained regardless of their eligibility for bail?
- when they have been arrested pursuant to s 78 SOA and can be detained for a period for the investigation of the offence
- Breach of IO by way of physical violence or threat of violence will see bail refused
- No application for bail
When arresting someone for BOB without warrant, what just be done by the end of shift?
Shield occurrence complete with:
- From 23
- Signed statement RE ground for belief bail is not being complied with
- Apprehension OEL for bail refused
When can bail stipulate a condition which prohibits the consumption of alcohol or drugs?
RTA
MVA
Driving related offences
Offence agains civil proceedings relative to an MVC
What are the requirements where a detainee is to be released on bail or into the custody of another agency?
OIC of cells or charging member must:
- Create a shield detainee summary
- Complete a checklist on the release tab
- Complete disposition details on release tab
- Ensure the releasing officer details are recorded
- Return property per the requirements
