Release of Person Arrested Flashcards by Kieran Busby

What happens when a person is arrested away from police stations?

There is an obligation to take them to a designated police station or in certain circumstances a non-designated police station.

They can also be given street bail or released with no bail to return to a police station at a later date.

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What is the relevant officer? Who is the relevant officer in the case of a person in custody? On street bail?

A relevant officer is the person who has the authority to undertake variations or cancellations of bail.

In the case of a person in custody, the relevant officer is the custody officer.

For street bail its a constable not involved. If no one is available it reverts to that officer.

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Courts can vary bail after what time?

When 48 hours has expired after any refusal to vary by police.

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What happens if someone breaches their bail conditions or fails to turn up as arranged?

They are liable to be arrested.

You can arrest if new evidence comes to light the mid-way through bail or someone released under investigation.

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Further arrests

If a person is arrested for further offender while they’re in custody, the bail period for that offence will only commence when?

24 hours after that arrest rather than at the time of the original arrest.

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Further arrests

If a person is re-arrested on new evidence while they’re on bai and then released on bail, what new bail period comes into play?

It commences 24 hours after the re-arrest.

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What are the bail timeframes and authorities?

Up to 28 days: Authorised by Inspector

28 days - 3 months: Authorised by Superintendent

3 months - 6 months: Looking at levels of Director of Public Prosecutions, the Direction of the Serious Fraud Office, The Exec of the Financial Conduct Authority (people like that).

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What are some examples of bail restrictions?

Curfew
Not to interfere with witnesses
Report to police
Surrender passport
Not to drive a motor vehicle

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Considerations of the custody officer (and indeed a court) when deciding to refuse bail:

The type of offence
Suspects character
Their type of demeanour/ behaviour
Previous history abiding to bail conditions
Evidential strengths and weaknesses of the case

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Release of a Person Arrested

Where a person is arrested, what is an officer obliged to do?

s30 PACE 1984
- Take them to a designated police station

s30A PACE 1984
- Released with bail (street bail) or without bail without being required to attend a police station.

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Release of a Person Arrested

Where a constable releases a person under s30A, he must do what?

Give a notice in writing which states:

(a) The offence for which he was arrested.
(b) The grounds on which he was arrested.
(c) Whether the person is being released without bail or on bail (if so the time/date required to attend station and any conditions).

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Release of a Person Arrested

Where a constable releases a person under s30A on bail, after how long must the bail be answered?

28 days from the day AFTER arrest.

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Release of a Person Arrested

If a person is required to attend a police station which is not a designated police station he must be…

s30C(2) PACE

(a) Released, or
(b) Taken to a designated police station no longer than 6 hours after his arrival.

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Release of a Person Arrested

Power of Arrest for Non-attendance

s30D(1) PACE

A constable may arrest without a warrant a person who—

(a) Has been released on bail under section 30A subject to a requirement to attend a specified police station, but
(b) Fails to attend the police station at the specified time.

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Release of a Person Arrested

Power of Arrest Breach of Bail Conditions

s30D(2A) PACE

A person who has been released on bail under section 30A may be arrested without a warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.

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Release of a Person Arrested

What are the pre-conditions for bail?

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s50A PACE

(a) That the custody officer is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and
(b) That an officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person or the person’s legal representative).

Release of a Person Arrested

Can a persons bail be extended?

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s47ZD PACE

A superintendent or above cane extend bail from 28 days to 3 months when certain conditions are met.

Reasonable grounds they’re guilty
Further time is needed for making decision.
It is necessary and proportionate to do so.

Cases can be extended to 6 months if they are designated as ‘exceptionally complex’.

Release of a Person Arrested

Power of Arrest for Failure to Answer Police Bail

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s47A PACE

(1) A constable may arrest without a warrant any person who, having been released on bail under this Part of this Act subject to a duty to attend at a police station, fails to attend at that police station at the time appointed for him to do so.

Release of a Person Arrested

Breach of Pre-charge Bail Conditions Relation to Travel

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s68 Policing and Crime Act 2017

(3) The person commits an offence if—
(a) the person’s release on bail is subject to the travel restriction condition and fails to comply.

Release of a Person Arrested

What are the bail timeframes and authorities?

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Up to 28 days: Authorised by Inspector

28 days - 3 months: Authorised by Superintendent

3 months - 6 months: Looking at levels of Director of Public Prosecutions, the Direction of the Serious Fraud Office, The Exec of the Financial Conduct Authority (people like that).

Release of a Person Arrested

What are some examples of bail restrictions?

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Curfew
Not to interfere with witnesses
Report to police
Surrender passport
Not to drive a motor vehicle

Release of a Person Arrested

What is a ‘surety’?

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s8 the Bail Act 1976

(1) This section applies where a person is granted bail in criminal proceedings on condition that he provides one or more surety or sureties for the purpose of securing that he surrenders to custody.

(2) In considering the suitability for that purpose of a proposed surety, regard may be had (amongst other things) to—
(a) The surety’s financial resources;
(b) His character and any previous convictions of his; and
(c) His proximity (whether in point of kinship, place of residence or otherwise) to the person for whom he is to be surety.

If someone has been bailed by police to allow CPS to review the case and consider a charge, are they able to apply to the Magistrates court to have his bail varied? Conditions?

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A person released on bail to enable the charging decision to be made may not apply to a magistrates’ court under section 5B of the Bail Act 1976 or section 43B of the Magistrates’ Court Act 1980 to have the court reconsider their bail, but may instead apply (or have someone apply on their behalf) to a magistrates’ court to have any conditions, to which their bail is subject, varied.

If someone is due to return to the police station in 28 days, however after 7 days new evidence comes to light, should they be re-arrested?

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An officer may arrest in light of new evidence, nothing in the Bail Act 1976 prevents the re-arrest without warrant of a person released on bail subject to a duty to attend at a police station should new or newly identified evidence justifying a further arrest come to light whilst they are on bail.

If a person released on bail is re-arrested due to evidence justifying a further arrest come to light, what happens to the custody detention clock?

The detention clocks are reset if a person is re-arrested on new evidence.

When considering a person arrested for a drink related offence, e.g. being drunk and disorderly or drunk and incapable. The prisoner should be detained in a cell until which point?

Until they are sufficiently sober to take care of themselves

Pc Smith arrests Danny for theft, the custody officer decides that there are further enquiries available and there is currently insufficient grounds to charge and therefore insufficient grounds to detain. What are the custody officer’s options at this point in relation to bail?

The custody officer can release Danny on bail, which can have conditions.

Jimmy is on police bail and has applied to have the attached conditions varied. He hasn’t heard anything the following day. What can Jimmy do about it at this point?

Jimmy can apply to a magistrate’s court to vary the conditions but must firstly wait 48 hours to see if the police respond

What are some grounds for imposing police bail?

The grounds a custody officer may draw on are; - fail to surrender, - commit offences on bail, - obstruct the course of justice and/or interfere with witnesses, - for their own protection or, - in the case of a person aged under 17 years for their own welfare or in their own interests.

Considering the granting of bail and associated imposing of bail conditions following charge for serious matters such as GBH and sexual offences, what can be said in relation to the thought process and associated consideration by the custody officer?

The custody officer should only consider conditions where the same objective behind the bail itself can be achieved by imposing conditions to the relevant bail condition.

Fletch is being charged by the custody officer for an offence of theft. Fletch decides to tell the officer at the point of being charged and bailed to magistrates court that he's had enough of living here and that he might move out of the area later that day and into his sisters flat today because police are harassing him and the drunks in town wind him up. The custody officer says 'oh thats interesting, what's that address?'. Fletch politely tells the officer thats none of his business. What is the most appropriate action for the custody officer to now take in relation to this disclosure by Fletch?

The custody officer can impose a bail conditions for Fletch to tell police of any change of address

If someone has previously committed offences whilst on bail for previous matters, are those previous offences on bail issues relevant to the custody officers decision in potentially refusing bail?

Section 38(1) of PACE tells us that bail can be refused in these circumstance as long as other factors are taken into consideration such as the strength of evidence.

Ben 11 years old, has been charged for a burglary offence. His bail has been refused on the grounds of further offending. However the problem now is that there is no secure accommodation available to house him until court the following day. The only option is a very ow security option where it is highly likely he will escape from. Can Ben be detained at the police station?

Ben can be detained in police custody as long as the custody officer certifies that is would be impracticable for him to be taken into local authority care.

Lee is helping out his friend Stacey, who has been charged for theft and is in from of the magistrate. Lee has put himself forward for surety and has provided a valuable item for security. Lee is concerned as Stacey is not very reliable and he is concerned that she might let him down. He stops you in the street and asks you for advice. What do you say?

If the accused fails to appear any item supplied could not be forfeited, a sum of money would need to be used.

Perry has been released form HMP Shotville with a home detention curfew imposed, meaning he shouldn't be out of his house between 9pm and 7am. However Perry s spotted by Pc Bryant at 3am skulking around the estate. What action should the officer take now?

Follow local policy as there is no power of arrest in these circumstances. It is likely that the information would be passed back to probation and they would take a view. The offender management unit would manage this. It is not for an officer to instruct a recall notice. That s a decision made to probation by superintendent or the IOM make themselves.

Home detention curfews are used to control release of risk prisoners. There is a specific period that they are subject to. What is the minimum and maximum period?

The minimum period is nine hours and there is no maximum period

Release of Person Arrested Flashcards

(36 cards)