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Evidence > Bail > Flashcards

Bail Flashcards

1
Q

Who authorises the use of street bail?

A

Inspector

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2
Q

can you impose street bail conditions to a juvenile for their own safety?

A

Yes same as adults.

However juveniles is ‘for their own protection and interests’.

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3
Q

Can you use street bail for a summary offence?

A

Yes - any offence

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4
Q

Can you street bail someone to any station?

A

Yes including non-designated as long as they are taken to a designated station within 6 hours.

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5
Q

What happens if the suspect has been street bailed however within the initial bail period, he is in hospital as an in patient?

A

The period will be suspended/frozen.

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6
Q

How many times can you alter street bail?

A

The date/time and location can be altered an unlimited amount of times as long as it is within the IBP.

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7
Q

Suspect wants to vary their street bail from a non designated station. Who does he go to?

A
  1. Constable not involved in investigation.
  2. Constable involved but did not grant conditions
  3. Constable who granted bail

In order

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8
Q

Under what circumstances can someone appeal to the mags about their bail police street bail conditions?

A
  1. Their conditions have already been varied by a relevant officer
  2. A request to vary has been refused
  3. No response received within 48 hours
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9
Q

Can you pre-emptively arrest someone for FTA of street bail conditions?

A

No - only court bail - reactive power only.

The officer must KNOW that their conditions have been breached not suspect or believe.

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10
Q

I’m on patrol and see Jerome who I suspect is breaching conditions i imposed as street bail last week. Can i arrest?

A

Yes - suspect is enough

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11
Q

Can you bail with conditions to reside at a hostel?

A

No

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12
Q

What role does a custody officer play in bail?

A

They must be satisfied that bail is necessary and proportionate in the circumstances.

Inspector just authorises it having taken into account representations.

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13
Q

Do we actually need to speak to the suspect/solicitor to get representations?

A

No - no need for personal dialogue as long as we have them.

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14
Q

How does the ABP differ in financial conduct authority cases?

A

Super must confirm it is a FCA case then inspector can authorise ABP.

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15
Q

What are the initial bail periods?

A

28 days for police cases and financial conduct cases and 3 months for serious fraud office cases.

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16
Q

Can we vary bail conditions if the OIC has had a shift pattern change?

A

Yes

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17
Q

What conditions must be satisfied for bail to be extended?

A
  1. RGS that suspect is guilty
  2. RGB that further time is needed to make a police charging decision or further investigation is needed
  3. RGB that the police investigation is being conducted diligently and expeditiously
  4. RGB that bail is necessary and proportionate

Super has the power to remove or vary conditions.

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18
Q

I come to the end of super bail extension. What do i do?

A

At least 5 working days before the expiry, i should send a written app to mags.

Can be made later in exceptional circs. Court can refuse if they believe it could have been made earlier.

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19
Q

Under what circs can the court extend the ABP without hearing the app?

A

Court has a backlog or the app was made within 5 working days of the final day.

It will be automatically extended until the court makes a decision.

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20
Q

who at court hears the app?

A

Single magistrate on written evidence unless it goes over 12 months and the JP considers it to be in the public interest to have another JP or the defendant or police requests.

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21
Q

How long are mags bail extensions?

A

3 months at a time or 6 months if enquiries or charging decision cannot be completed within the normal 3 month extension.

No limit to extensions.

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22
Q

What is a designated case?

A

It has been designated as exceptionally complex by a CPS lawyer.

This provides the opportunity to internally extend the ABP to the 6 month point instead of going to court.

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23
Q

I have a designated case that i want extending to 6 months. Who does it?

A

ACC or commander in police.

Member of staff designated by chief executive in FCA or member of senior civil service for serious fraud office jobs.

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24
Q

Can you remand for non-imprisonable offences?

A

Yes if RGB:

  • that the defendant would likely cause injury or
  • to prevent loss or damage to property
  • name and address cannot be ascertained
  • for juveniles only - own welfare
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25
Q

If someone absconds, can an inference be drawn from their silence at court?

A

Yes provided it is said in open court that he is entitled to give evidence himself

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26
Q

How long is the serious fraud office initial bail?

A

3 months

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27
Q

There is a complicated fraud case being overseen by the NCA. What is the initial ABP?

A

28 days.

The ‘applicable bail period’, in relation to a person, means in a Serious Fraud Office (SFO) case, the period of three months beginning with the person’s bail start date, or in a Financial Conduct Authority (FCA) case or any other case, the period of 28 days beginning with the person’s bail start date

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28
Q

Do you always have to say at the time which police station someone is being bailed to for street bail?

A

No - do not have to specify where and when initially. This can follow in a written notice.

It must however nominate a police station someone can apply for variations to.

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29
Q

To arrest a suspect of failing to answer their street bail is it suspect or believe that they have FTA?

A

Neither.

It must be that they HAVE failed to attend.

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30
Q

Suspects or believe that someone has breached their street bail conditions?

A

Suspects

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31
Q

In determining the likelihood of the defendant absconding, interfering with witnesses or committing further offences must the custody officer consider the strength of the evidence if they have already been charged?

A

Yes

They must consider:

  • the nature and seriousness of the offence
  • the strength of the evidence
  • the accused‘s character, antedecents, associations, community ties, previous record whilst on bail
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32
Q

We know that when considering the likelihood of the defendant absconding etc, the custody officer must consider the nature and seriousness of the offence and the strength of the evidence. What else must they consider?

A

The accused‘s:

  • character
  • antedecents
  • associations
  • community ties
  • previous record on bail
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33
Q

can the police ever set a bail condition of surety or security?

A

Yes but not with street bail.

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34
Q

Is failing to answer bail an absolute offence?

A

No

35
Q

A suspect is not given a notice of their bail in custody. They fail to turn up. Reasonable excuse?

A

A failure to give a person granted bail in criminal proceedings a copy of the record of the decision shall not constitute a reasonable cause for that person’s failure to surrender to custody

36
Q

Steve Why’s mrs provides him with a surety. He however goes on to commit a breach of the conditions. Does she forfeit the surety?

A

In the cases of adults, no. Their only responsible for attendance to prevent absconding.

If a juvenile was to breach then they would forfeit if they FTA or breach.

37
Q

A mum has provided a surety for their son. Son goes on to breach the terms of the conditions set. What now?

A

Mum forfeits the surety. Financial cap of £50 placed on the breach.

38
Q

If a security has been forfeited, do we have to tell them it has been forfeited?

A

No not necessary if they have FTA.

39
Q

If there is an application to vary bail, must we provide the suspect with a copy of the decision?

A

It is mandatory for the custody officer to record the decision.

There is no mandatory obligation to automatically supply the suspect with a copy of the decision. Only obligation is that it must be ASAP.

40
Q

Must we provide the suspect with a copy of the decision to grant bail or not?

A

Upon request only - a copy of the record MUST be given ASAP to the person bailed.

41
Q

Bail must be refused (presumption of refusal) to a defendant that has been charged with what offences?

A 
Homicide offences (murder/attempted/manslaughter/culpable homicide)
Penetrative sexual offence or attempt

IF they already have any prior CONVICTION for any such HP offence (or attempt) unless the circumstances are exceptional. Includes absolute or conditional discharges.

42
Q

A suspect has been charged with attempted murder. He has a conviction for murder in the US. Must the presumption be refuse bail?

A

No - it must be a previous conviction for a HP offence in the UK or EU.

43
Q

Suspect has been charged with murder. He has a previous conviction for manslaughter in the UK. Presumption is bail refusal?

A

No - if previous conviction relates to manslaughter or culpable homicide you must check the sentence they received.

Sentence of imprisonment = no bail presumption
Non-custodial = presumption of bail

44
Q

A suspect has been charged with murder. He does not have any previous convictions. Presumption of bail?

A

As he has been charged with murder - no need to have a HP conviction.

Only a crown court judge can grant bail.

This does not apply to attempt murder.

45
Q

Must the custody officer always hear representations prior to making a bail decision?

A

Must hear DP unless they are asleep.
Any available legal rep.
Any available AA.

Anyone else with an interest in DP welfare at custody officer DISCRETION.

46
Q

Suspect refused bail. Must that decision ever be reviewed?

A

Yes - within 9 hours.

47
Q

How old does a child have to be to be remanded in LA care?

A

12 or over

48
Q

If a suspect repeatedly breaches their bail but turns up as required on day 1, what can the judge do?

A

Nothing.

49
Q

What is a surety and security?

A

Someone that stands in to secure someone’s attendance.

Security is money and property.

50
Q

Can a person be their own surety?

A

No must be someone else.

51
Q

Can a surety be imposed to get someone to stop offending?

A

No secure attendance only

52
Q

How old must a youth be to be detained in custody?

A

12 or over

53
Q

Under what circumstances can a custody officer decide not to transfer a 12 to 17 year old to secure local authority accommodation?

A

the custody officer certifies
it is impracticable for him to do so,
or that no secure accommodation is available
and local authority accommodation would be inadequate to protect the child or public from serious harm.

Where no secure accommodation is available and the serious harm criterion is met, the child can be kept in police detention.

Custody officer must always make enquiries even if they know there isn’t secure accommodation.

54
Q

For bail does the offence need to have been committed in the UK?

A

No - anywhere

55
Q

For a financial conduct authority case, what happens for bail?

A

Super confirms it is a FCA case

Inspector authorises initial 28 days

56
Q

If we are going for a mags bail extension, do we need to tell the suspect we are applying?

A

Yes

A notice explaining our intention and how to make representations to the court
A copy of the extension application

57
Q

Do mags hear the application to extend bail orally or written?

A

Written evidence unless the app would extend the ABP beyond 12 months and either:

The JP considers it is in the interests of justice or
The defendant or the applicant requests

To hold an oral hearing by 2 JP’s in closed court.

58
Q

Can we bail someone normally without authority if there is sufficient to charge for CPS?

A

Yes

No need to seek authority.

Custody officer can bail suspect without authority for CPS if there is sufficient to charge. Like old legislation.

59
Q

A surety has been put up as a possibility. What factors should the custody officer consider?

A

Financial resources
Their character
Previous convictions
Proximity to the accused

60
Q

Can more than one person act as a surety?

A

Yes one or more

61
Q

Can foreign currency be an acceptable security?

A

Yes it is money and has a value. Debit cards not as it has no tangible value.

62
Q

Is it serious fraud office or financial conduct authority that get 3 month initial bail?

A

Serious fraud office.

Think serious = 3 months
Everything else = 28 days

63
Q

Suspect on street bail wants to vary their conditions. Who do they go?

A

a relevant officer at the police station at which the person is required to attend

The ‘relevant officer’ as defined by s. 30CA(3)(c) is a custody officer in relation to a designated police station, or a constable or person designated as a staff custody officer in any other police station. A constable involved in the investigation should not deal with the request unless no other constable or officer is available

64
Q

Suspect wants to vary his conditions. He has applied to custody. How long must he wait before he can apply to courts?

A

48 hours

65
Q

If someone is police bailed and FTA. Do they commit the offence of absconding or is it just court bail?

A

They do too

66
Q

Must the authorising inspector hear representations from the suspect even in street bail?

A

Yes

67
Q

What are the two reasons why a custody officer doesn’t have to transport a juvenile to insecure accommodation?

A

Logistics

Danger

68
Q

If someone doesn’t turn up for bail because they are stuck in traffic, is it an offence?

A

No - reasonable cause.

It isn’t a defence, it is part of the offence.

69
Q

If a three day lie down is granted, when must we bring him back before the court?

A

As soon as the need to detain him for enquiries into other offences ceases.

70
Q

Must we automatically supply a DP a copy of the record of the decision to grant bail?

A

Only when requested and then ASAP.

71
Q

Who authorises livelink bail?

A

Court only

72
Q

Do we still need to review 3 day lie down prisoners?

A

Yes

73
Q

Can you remand a 10 or 11 year old into custody?

A

Yes but only if there isn’t insecure accommodation. If the question suggests that there is such accommodation available, they MUST be put there regardless of the offence or circumstances.

If 12 or over, there is the option of not going there under certain criteria.

74
Q

What happens if the review officer reviews detention and decides detention without charge is no longer justified?

A

Suspect must be released.

75
Q

If bail has been cancelled, who has the duty to notify the released person in writing?

A

Custody officer.

76
Q

If someone has been charged with murder, who has the authority to bail?

A

Crown court judge ONLY.

77
Q

Does Section 25 (HP) mean that there is an automatic denial of bail?

A

No it just means that the presumption of bail has shifted to presumption of no bail unless exceptional circumstances apply.

78
Q

I know if Section 25 has been activated due to a HP offence, there is now the presumption of no bail unless exceptional circumstances. Who proves exceptional circumstances?

A

Defence

79
Q

If the custody officer has made a decision around bail, can communication of that decision to the DP be delayed?

A

Yes if:

  1. Violent or likely to be
  2. Incapable of understanding (need to get AA or interpreter)
  3. Urgent need of medical attention
80
Q

Can a suspect give his own security?

A

Yes

81
Q

The chief Constable must ensure that juvenile bail/detention issues is supervised and monitored by which rank?

A

Inspector

82
Q

What belief/suspect levels are required for police bail?

A

Know for a fact that they have FTA
RGS they have broken a condition

No proactive power.

83
Q

If i want to arrest someone because i think they will breach their court bail, what level of belief/suspect is required?

A

Belief

Suspect has broken but believe WILL.

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