Bail Act Flashcards

0
Q
Section 17(3) bail act 2013.
Actions that may be taken to enforce bail requirements:
A
  1. Take action - arrest
  2. Issue a warning
  3. Application notice - issue application notice
  4. Take no action
  5. Apply for warrant
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1
Q
Section 17(2), bail act 2013.
Unacceptable risk:
A
  1. Fail to appear
  2. Commit a serious offence
  3. Endanger safety of victims, individuals, community.
  4. Interfere with witness or evidence
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2
Q

Does the bail Act apply to children.

Under 18s?

A

Yes.

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3
Q

3 types of bail applications

A

Detention
Release
Variation

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4
Q

What is Section 5, bail act 2013?

A

Proceedings for offence

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5
Q

What is section 8 bail act 2013?

A

No bail if offence has concluded

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6
Q

Section 12 bail act 2013

A

Duration of bail. Bail ceases if revoked, substantive, concluded.

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7
Q

Section 7(1) -

A

bail is authority to be authority to be at liberty for an offence.

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8
Q

5 Major categories of bail

A
  1. Conduct
  2. Security
  3. Character acknowledge
  4. Accommodation requirements
  5. Enforcement order
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9
Q

What are the enforcement conditions

Section 30, bail act 2013.

A

(i) specify the direction
(ii) specify the circumstances in which the direction may be given.
(iii) specify the relevant underlying bail condition - compliance with the bail condition.

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10
Q
Section 77(3) bail act 2013
Consideration taken into account by police.
A

a) serious
b) excuse
c) known to police
d) alternate course

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11
Q

Section 31, bail act 2013

A

Rules of evidence, anything can be taken into account that the court deems appropriate.

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12
Q

Section 21 (4)

A

Right to release offence.

If the same offence committed as one given bail the person looses the right to release.

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13
Q

Section 40

A

Stay of bail

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