Senior Sergeants CPK: Chapter 2 - Bail Act 2000

Question 1

S7 - A defendant is bailable as of right who is charged with an offences that is not punishable by imprisonment, or maximum punishment is less that 3 years, unless offences is against what 2 offences?

Answer 1

Unless offences is against:

• S194 CA61 - MAF & Assaults child and
• S49 DVA95- BOPO apply.

Question 2

S8 - What are the consideration for just cause for continued detention MUST the court take into account whether there is a risk the defendant may what? (3)

Answer 2

• fail to appear in court.
• interfere with witnesses or evidence
• offences whilst on bail.

Question 3

S8 - What are the consideration for just cause for continued detention MAY the court take into account? (8)

Answer 3

• Nature of offences -
• Strength of evidence & probability of a conviction
• Seriousness and Severity of the punishment
• Character and past conduct
• History of offending whilst on bail
• Likely length of time before matter comes to court.
• Possible prejudice to the defece
• Other special matters

Question 4

S10 - Restriction on bail if defendant with previous conviction for specified offences charged with further specified offences applies to a defendant of what age?

Answer 4

Of or over the age of 17 years.

Question 5

S10 - Give 4 examples of a SPECIFIED OFFENCES

Answer 5

S128B - Sexual Violation
S132 -  Sexual conduct with Child <12
S167 -   Murder
S171  - Manslaugther
S188 - Wounding with Intent
S234 - Agg Robbery
S232 - Agg Burglary

Question 6

S10 - No defendant may be granted bail or allowed to go at large except by order of who?

Answer 6

• High Court Judge or a District Court Judge

Question 7

What is the REVERSE BURDEN OF PROOF?

Answer 7

Defendant can be subject to ‘reverse burden of proof” in bail decision where the defendant has to prove that he or she should be released on bail rather than the prosecutor proving that the defendant should not be released on bail.

Question 8

S12 - Further restriction on bail in certain cases, the defendant must satisfy the Judge on the balances of probabilities that he will not while on bail or at large commit what? (2)

Answer 8

• violence against or danger to the safety of anyone or

- burglary or any other serious property offence. (more than 7 years serious property offences)

Question 9

S15 - What must the courts think when granting of bail to defendant who is 17 years of age? (2)

Answer 9

• is 17 years of age and

- not previously been sentence to imprisonment

Question 10

S16 - Judge only may grant bail for drug dealing offences by order of who?

Answer 10

High Court Judge or District Court Judge

Question 11

S21A - Notice of Police bail - A Police employee who grants Police bail must ensure that notice of Police bail is completed and what? (3)

Answer 11

• Give notice to defendant
• Ensure defendant understands conditions of bail and
• Ensure defendant authenticates the notice.

Question 12

S23 - Can a person arrested for BOPO get Police Bail?

Answer 12

No not by Police under S21 during the 24 hours following the arrest.

Question 13

S35 - A defendant on bail may be arrested WW in certain circumstances when? (2)

Answer 13

• defendant has absconded or is about to to evade justice or
• defendant has contravened or failed to comply with any bail conditions.
  (note: if defendant is K9 for above, he cannot be bailed as of right)

Question 14

S37 - Who can issue a WTA absconding or BOB or fails to answer bail?

Answer 14

A Judicial Officer or Registrar.

Question 15

S32 - Identifying particulars of person in custody a constable may take their particulars if person in lawful custody is detained for committing an offences and its where? (2 places)

Answer 15

At a police station or at any other place being used for Police purposes

Question 16

S33 - Identifying particulars for summons a constable who has good cause to suspect a person of committing an offence and intends to bring proceedings against them by way of summons may detain that person at any place in order to what? (2)

Answer 16

• take their identifying particular and only for the period necessary to take the person identifying particulars.

Question 17

What are identifying particulars?

Answer 17

Persons:
- Biographical details - name address dob,
- Photograph of visual image
- Finger prints, palm-prints and foot print
Note: Place includes any land building, premises or vehicle.

Question 18

S36 - A constable who finds a person intoxicated in a public place or while trespassing may detain and take a person into custody if they reasonable believe that the person is what?

Answer 18

• Incapable of protecting himself from physical harm
• Likely to cause physical harm to himself/others
• Likely to cause property damage.

Question 19

S36 A person detained under S36(1) intoxicated must be released when?

Answer 19

ASAP person ceases to be intoxicated

and

must not be detained longer than 12 hours unless recommended by Health practitioner.

Question 20

What are the two Test used to decide if a Prosecution is met? (2)

Answer 20

The Evidential Test

and

The Public Interest Test.

Question 21

Explain what the Evidential Test is:

Answer 21

Evidence which can be adduced in Court is sufficient to provide a reasonable prospect of conviction.

Question 22

Explain what the Public Interest Test is:

Answer 22

The presumption that public interest requires a prosecution eg: serious nature of the case

Question 23

Which TEST must be satisfied first?

Answer 23

The Evidential Test

Question 24

What are the 6 elements that satisfy the conditions of the Evidential Test?

Answer 24

1. Identifiable Individual
2. Credible Evidence
3. Evidence which the prosecution can adduce
4. Could reasonable be expected to be satisfied
5. Beyond reasonable doubt
6. Commission of a Criminal Offence.

Question 25

Explain Identifiable Individual?

Answer 25

Evidence sufficiently identifies person responsible

Question 26

Explain Credible Evidence?

Answer 26

Evidence which is capable of belief.

Question 27

Explain Evidence which the prosecution can adduce?

Answer 27

Evidence which is or reliably will be available and legal admissible.

Question 28

Explain could reasonable be expected to be satisfied?

Answer 28

Objectively reasonable prospect of a conviction on the evidence.

Question 29

Explain Beyond Reasonable Doubt?

Answer 29

Capable of reaching the HIGH STANDARD OF PROOF required by criminal law.

Question 30

Explain - Commission of a criminal offences

Answer 30

Identify what offences may have been committed and consider the evidence against each element making up that offences.