Flashcards in Custody and Bail Proceedings Deck (20)
When is a person bailable as of right?
When the offence is not punishable by imprisonment OR when the offence is punishable by less than 3 years imprisonment.
When do the police have authority to bail prisoners?
When the person is CHARGED (not arrested for) a Summary Offences Act offence, when the person is arrested without warrant, when the person cannot be brought before the court immediately, or when the police consider it prudent to do so.
When do police not have the authority to bail prisoners?
Category 4 offences, or when an enactment states so (breach of protection order).
What are the "bail procedures" that you must complete before you bail a prisoner? (BARR)
Authority from watch house keeper
Receipt for property
What are the "initial duties" that must be completed before a prisoner is bailed? (CHAFPAN)
Custody charge sheet
Address and other details
Authority to bail
What is the acronym for articles that should be removed from prisoners when searching? (85, 88, 11, 13)
How long can a prisoner be bailed for on POLICE bail with NO conditions?
How long can a prisoner be bailed for on POLICE bail WITH conditions?
What are some examples of conditions that can be imposed with POLICE bail?
Residential, curfew, reporting, alcohol, drugs, etc
What are the consequences of failing to answer police or court bail? (Failing to appear)
Arrest and charge.
What are the consequences of breaching police or court bail? (Abscond/fail to comply with conditions)
Arrest, but not chargeable.
What is the maximum timespan between when you summons someone and when they appear in court?
Not exceeding 2 months.
Can a person have conditions placed on them when they have been summonsed?
When would police oppose COURT bail?
When a person has been arrested for violence and threatens to continue that violence.
Property that is the subject of the search has not been recovered and there are fears the prisoner will dispose of it.
Fears that witnesses/evidence will be harassed/interfered with
Prisoner is transient/you do not believe they will appear on court
Prisoner is likely to commit offences while on POLICE bail.
In which cases would the prosecution inform the court of the victims views on the offender getting bail?
Sexual violation, serious assault, any case where victim has ongoing fears for their own/family's safety.
When, after commencing criminal proceedings, must mandatory information disclosure occur?
As soon as practicable, but no longer than 21 days.
When, after commencing criminal proceedings, must further initial disclosure occur?
When requested by the defendant, as soon as practicable, but preferably 14 days prior to the next substantive hearing.
When after commencing criminal proceedings must additional disclosure occur?
Following defendants request, as soon as practicable, preferably 14 days prior to next substantive hearing
When after commencing criminal proceedings, police come across new information, when must they disclose it?
As soon as reasonably practicable