Release of Arrested Persons Flashcards
What is street bail?
A person can be released on bail under the authority of an inspector or above any time before he reaches a police station.
They must be required to attend a police station
Where bail is granted conditions maybe be imposed to ensure the person…
- surrenders to custody
- does not offend on bail
- does not interfere with witnesses or obstruct justice
- for their own protection (or if under 18 their own welfare or interests)
When bailing someone what are the conditions you cannot impose?
You cannot…
- take recognisance for their surrender
- take security for their surrender
- take surety for their surrender
- require them to reside in a bail hostel
What is a notice in writing?
Before releasing a person a notice MUST be given in writing stating…
- the offence arrested for
- grounds they were arrested under
- if they are released on bail or not
- if he is on bail that he MUST attend a police station, the station to attend and the time to attend on the bail end date
- if there are conditions it must state the conditions and explain how to vary them
- the bail period is a maximum of 28 days starting the day AFTER the day of the arrest for the offence arrested for
- there is NO power to extend the bail period past the 28 days UNLESS THEY ARE AN INPATIENT IN HOSPITAL any time on the day the period will end as it will be treated as suspended for that time
What is bail variation?
A person can request a variation of their bail conditions which can be granted by a RELEVANT officer at the STATION THEY ARE REQUIRED TO ATTEND
A request can only be based on information that was NOT KNOWN at the time the last bail was set
If bail is varied the new conditions must be given in writing
A relevant officer for a designated station is a CUSTODY OFFICER
A relevant officer for a non-designated station is any constable not involved in the investigation. If such a person is not available then any constable who is not the one who granted the bail. If that is not possible then (AND ONLY THEN) the constable who granted the bail
How can a court vary police bail?
With an application made to the police and a period of 48 HOURS has passed beginning on the day of the request without it being withdrawn or actioned by the police. Then an application can be made to the court.
- an officer can give evidence to oppose bail and CAN withhold facts of the offence in doing so to protect the integrity of the investigation
What is the power of arrest for breach of bail?
An officer can arrest anyone…
- with conditions to attend a station and fails to do so
- if the constable has reasonable grounds to suspect they have breached bail
How is someone released on bail?
The CUSTODY SERGEANT is satisfied that bail is proportional and necessary and an INSPECTOR OR ABOVE authorises bail (having heard relevant representations)
What are the terms for extending the bail ABP
An officer the rank of SUPERINTENDENT OR ABOVE can extend the bail period up to 3 months
There must be…
- a reasonable suspicion by the officer that the suspect is guilty
- a reasonable belief that more time is needed to make a decision, that further investigation is needed
- that a decision to charge and investigation are being made diligently and expeditiously
- if this extension expires then an application can be made to a MAGISTRATES COURT to extend the bail period to either 3 or 6 months, as many times as is justifiable
Can you withhold evidence/information during a hearing?
Yes, on the basis that it would…
- lead to evidence being interfered with
- lead to harm to another
- a suspect escaping arrest for an INDICTABLE offence
- hinder the recovery of property from an INDICTABLE offence
How does a COS referral effect the bail time limit?
When the COS are making their decision the bail period stops. If further actions are received and further investigation is required the clock starts again with the timer carrying on with the same number if days left than when it stopped and anew bail to return date is created. If there is LESS than 7 days left the time period will be automatically set back to 7 days to allow time for the further actions
What is bail after charge?
Where a custody officer bails someone who has been charged they can direct the suspect to…
- attend a magistrates court for a hearing
- attend a police station for a live link court appointment
- attend a police station for any other reason they have
When should a person NOT be granted bail?
When they have been charged with…
- murder
- attempted murder
- manslaughter
- rape
- attempted rape
…or if they have been convicted previously of any of those offences unless EXCEPTIONAL CIRCUMSTANCES apply
- when CHARGED with murder you can only get bail from a CROWN COURT JUDGE
What bail conditions can be applied?
- surrender their passport
- exclusions from defined areas
- doorstep curfew
- non-contact
- provide surety or security
- signing on
- live and sleep
- notify of change of address
- you cannot exclude someone from their own home
What is a surety?
A surety is a person who, when a person is bailed, is bound to provide a value of cash or other security should the person fail to answer bail. They are essentially taking on responsibility for ensuring they answer bail and should they fail to do so, incur a financial penalty. The financial penalty is the encouragement to the surety to do their role.
- This can ONLY be considered for ensuring the suspect SURRENDER TO CUSTODY
- should a court be unable to bail someone because suitable surety is not available, they can set the cash value to be bound and when the surety is available they can complete their obligation to be surety for that amount in front of an officer of at least rank of INSPECTOR OR ABOVE WHI IS IN CHARGE IF A POLICE STATION
- if they fail to answer bail the value is surrendered by the surety
- there is no proof required from the surety that they were involved in the failure to surrender before the surety is collected. However, should the surety take ALL REASONABLE STEPS to ensure their surrender it should not be taken from them.
- if the surety believes suspect is unlikely to surrender and provides their reasoning to a constable IN WRITING they can request to be withdrawn as surety and the suspect arrested
- a person cannot be their own surety
- a person UNDER 17 can have a parent or guardian as a surety but not if the person will turn 17 before the time to surrender to custody
What is the power to search a person when attending live link bail?
An officer can search…
- the person attending for the bail
- any object in that persons possession
…and can seize anything which…
- possess a risk to the running of the station
- a risk to any person in the station
- evidence of an offence
- you CANNOT carry out an INTIMATE SEARCH
- the person searching must be if the same sex
- nothing should be seized that a copy of the item would suffice
- DDO’s can use this power but anything seized MUST be turned over to a constable as soon as practicable but MUST BE BEFORE the person leaves the station
