Bail

Question 0

Bail at Police Station

Answer 0

Insufficient evidence to charge, the custody officer must decide whether it is necessary to detain prisoners to:

1. Obtain such evidence by questioning them
   or
2. Secure or preserve evidence relating to an offence for which they are under arrest

If there is a likelihood of proceedings being taken against a person, they must be released on bail

Question 1

Bill of Rights 1689

Answer 1

The delivery of setting free of an arrested or imprisoned person for their appearance on a date at a place appointed

Question 2

Necessary Conditions to continue to detain

Post charge

Answer 2

Justice - prevent interfere with admin of justice
Appear - fail to appear in court
Interfere - with investigation
Loss - or damage to property
Harm - prevent harm to self or other
Offences - prevent further offences
Particulars - prisoners particulars not known

Question 3

Conditions imposed by custody officers

Answer 3

Appears necessary to prevent the person:

Failing to surrender to custody

Committing an offence whilst on bail

Interfering with witnesses or obstructing the course of justice in relation to himself or another

Question 4

Pre charge bail conditions

Answer 4

Custody can impose pre charge conditions to arrest for breaching these conditions

NOT AN OFFENCE TO BREACH THHE CONDITIONS

Question 5

Court Bail

Answer 5

Must be granted bail unless substantial grounds for believing the prisoner:

1. Is already detained in custody
2. Would commit offences whilst on bail
3. Interfere with witnesses/ obstruct course of justice
4. Kept in custody for own protection

MG8 form

Can impose bail conditions

Question 6

Bail Act 1976

Section 7

Answer 6

If a person is on bail to appear

Question 7

Bail to return to a police station

Sec 46

Answer 7

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