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TI - General Principles, Police powers and procedures > 1.10 Release Of Person Arrested > Flashcards

1.10 Release Of Person Arrested Flashcards

1
Q

What cannot be taken from someone released under 30A bail?

A

No recognisance for the persons surrender to custody

No security for the persons surrender to custody

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2
Q

What cannot be imposed as a condition to S30A bail?

A

Requirement to reside in a bail hostel

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3
Q

What is given to someone released under S30A bail?

A

A notice in writing detailing conditions of the bail, which police station to attend and when

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4
Q

What is the length of bail under 30A?

A

28 days

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5
Q

Can S30A bail be extended?

A

No unless that person is in hospital

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6
Q

When can the person be rearrested under S30 bail?

A

When there is new evidence that has come to light or analysis of existing evidence has been completed which couldn’t be done the first time they were in custody.

When they have failed to attend

When they are suspect to have breached

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7
Q

What is S37/7 bail?

A

There is sufficient evidence to charge the person

The custody officer will bail for the purpose of getting a charging deivision

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8
Q

What is 37/2 bail?

A

Bail whilst further investigative enquiries are ongoing

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9
Q

If a person is bailed as their custody clock has ran out, can they be rearrested?

A

No not unless there is a warrant

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10
Q

What is mean by pre-conditions for bail?

A

The custody officer is a satisfied that releasing the person on bail is NECESSARY AND PROPRTIONATE

and the INSPECTOR authorises the bail

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11
Q

How is the applicable bail period worked out?

A

28 days from the day after the person was arrested

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12
Q

Who can extend bail dates?

A

Superintendent

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13
Q

How long can bail dates be extended to?

A

3months

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14
Q

What are the conditions which need to be met to extend bail?

A

RGB the person is guilty

RGB further time is needed for a decision to be made or inquiries to be conducted

RGB that the investigation/ charging decision is being made diligently and expeditiously

OFFICER ABOVE,

AND THE DECISION MAKER HAS RGB the bail is necessary and proportionate

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15
Q

In designated cases, how long can bail be extended to? And whom by?

A

6 months

Senior prosecutor designated for the purpose by the director of the SFO

A Choef constable

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16
Q

Apart from in designated cases, who can extend the precharge bail for longer than 3 months? How long for?

A

Magistrates court

For either 3 or 6 months

17
Q

When applying for bail, what does S47ZH do?

A

It provided police and prosecution to apply to the court to withhold certain information from the defendant and their legal representation which is relevant to the bail extension

18
Q

S67 policing and crime act?

A

A person commits and offence if

The persons released on bails with travel restriction conduits and they fail to comply with the contains

Without reasonable excuse in relation to b-f

19
Q

What are the travel restrictions?

A

Not leave UK

B-F

Enter a port/ ports in the UK
Go to Northern Ireland
Surrender travel documents
Have any travel documents in their possession
Obtain/ seek to obtain travel documents
20
Q

s47 PACE?

A

Bail after charge

21
Q

What does S25 PACE cover?

A

When bail is to not be granted

UNLESS THERE IS EXCEPTIONAL CIRCUMSTANCES

Rape murder manslaughter

22
Q

What are the grounds for refusing bail?

A

Name and address cannot be ascertained

Fail to appear

Prevention of crime

Obtaining sample

Interference with the investigation

Own protection

Charge with murder

23
Q

What conditions can be attached to bail?

A 
Live and sleep at address
Notify changes of address
Report periodically
Restrictions on entering
Restrictions on contacting 
Surrender passport
Curfew
24
Q

Who can act as a sure it’s?

A

Anyone but the defendant themselves

25
Q

What can Surities be used for?

A

To encourage someone to surrender to custody

26
Q

What is security?

A

Money or other valuable items which can be forfeited if they do not attend

27
Q

S34 of Forgery act?

A

Answering bail on behalf of another by impersonating them

TI - General Principles, Police powers and procedures (12 decks)

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