1.10 Release Of Person Arrested Flashcards
What cannot be taken from someone released under 30A bail?
No recognisance for the persons surrender to custody
No security for the persons surrender to custody
What cannot be imposed as a condition to S30A bail?
Requirement to reside in a bail hostel
What is given to someone released under S30A bail?
A notice in writing detailing conditions of the bail, which police station to attend and when
What is the length of bail under 30A?
28 days
Can S30A bail be extended?
No unless that person is in hospital
When can the person be rearrested under S30 bail?
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
What is S37/7 bail?
There is sufficient evidence to charge the person
The custody officer will bail for the purpose of getting a charging deivision
What is 37/2 bail?
Bail whilst further investigative enquiries are ongoing
If a person is bailed as their custody clock has ran out, can they be rearrested?
No not unless there is a warrant
What is mean by pre-conditions for bail?
The custody officer is a satisfied that releasing the person on bail is NECESSARY AND PROPRTIONATE
and the INSPECTOR authorises the bail
How is the applicable bail period worked out?
28 days from the day after the person was arrested
Who can extend bail dates?
Superintendent
How long can bail dates be extended to?
3months
What are the conditions which need to be met to extend bail?
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
In designated cases, how long can bail be extended to? And whom by?
6 months
Senior prosecutor designated for the purpose by the director of the SFO
A Choef constable
Apart from in designated cases, who can extend the precharge bail for longer than 3 months? How long for?
Magistrates court
For either 3 or 6 months
When applying for bail, what does S47ZH do?
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
S67 policing and crime act?
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
What are the travel restrictions?
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
s47 PACE?
Bail after charge
What does S25 PACE cover?
When bail is to not be granted
UNLESS THERE IS EXCEPTIONAL CIRCUMSTANCES
Rape murder manslaughter
What are the grounds for refusing bail?
Name and address cannot be ascertained
Fail to appear
Prevention of crime
Obtaining sample
Interference with the investigation
Own protection
Charge with murder
What conditions can be attached to bail?
Live and sleep at address Notify changes of address Report periodically Restrictions on entering Restrictions on contacting Surrender passport Curfew
Who can act as a sure it’s?
Anyone but the defendant themselves
What can Surities be used for?
To encourage someone to surrender to custody
What is security?
Money or other valuable items which can be forfeited if they do not attend
S34 of Forgery act?
Answering bail on behalf of another by impersonating them
