police bail and summons Flashcards
(14 cards)
what is bail
a notice to ensure the appearance of an offender at an appointed time and place as a result of being arrested
what is released on bail
the prisoner has been given their liberty subject to conditions
what is a summons
an instruction given by the police or court to attend court at an appointed time or place. there are no conditions
when can the police grant bail
when a prisoner is charged with an offence (not murder, treason, drug dealing), arrested without warrant, cannot be brought before the court immediately, police consider it prudent to do so, where other Bail act 2000 provisions do not apply
what do bail conditions do
it is a prevention measure used to reduce the opportunity for re-offending and re-victimisation
what must bail conditions be
relevant, reasonable, enforceable
what are the maximum number of days that a defendant has to go to court when granted police bail with no conditions
14 days
what are the maximum number of days that a defendant has to go to court when granted police bail with conditions
7 days
what happens if someone breaches bail
any judicial officer or police employee can arrest without warrant if they believe on reasonable grounds that the defendant has absconded or about to abscond for evading justice, or has failed to comply with conditions
where does the power to arrest without a warrant come from for breach of bail
Bail Act 2000, Section 35(1)
when can a person be summonsed
whether or not they have been arrested with or without a warrant, and to a date up to 2 months in the future
what does the Policing Act 2008 allow
police the power to detain and take name/age/ DOB/ photograph/ prints. but not DNA
what are the different options for dealing with an offender
take no action, warn the suspect with a formal warning, report the matter, arrest the suspect, written traffic warning, iwi justice panel, adult diversion, youth aid, family group conference, prosecution
what are the two tests for following down the prosecution path
evidential test, and the public interest test
