Bail

Question 1

what is the meaning of bail

p1

Answer 1

1) basis of our legal system
a) every man presumed innocent until proven guilty
b) people that are charged but not convicted are entitled to bail

it is a set of conditions placed on the accused to appear in court

Question 2

outline authority for police to set bail

p1

Answer 2

police given authority to bail by 2 separate sections of legislation

1) s10 Bail Act
a) provides authority for police to bail or refuse bail

2) s464 of Crimes Act
a) every person taken into custody for offence must be
- released unconditionally (summons)
- released on bail
- brought before a magistrates or justice (remand)

Question 3

describe bail procedures

p3

Answer 3

1) use form 472 “undertaking of bail” must comply with the following

a) enquire into case
b) complete 472
c) ensure accused understands extension clause on 472
d) have accused sign front of original form 472
- member to sign rear of 472 and all remaining copies
e) give accused duplicate copy (blue)
f) complete entries in the Thin Blue Line Attendance
g) complete LEAP Bail form L22 and fax to CDEB
h) attach original form 472 to the Charge Sheet

Question 4

what does conditional bail mean

p3

Answer 4

1) when you consider bail, sometimes special conditions are imposed on prisoner.

a) curfews
b) restrictions on place of residence
c) restrictions of going to certain locations

2) Bail Act gives us power but
a) some members obtain services of bail justice

Question 5

explain when a person released on bail may be arrested

p5

Answer 5

1) if the accused fails to comply with a condition of bail
2) if the member believes on reasonable ground that the person likely to break the conditions for his appearance.
3) if member is notified in writing from surety that the accused is likely to break condition & no longer wants to act as surety.

Question 6

identify procedures when accused fails to answer bail

p7

Answer 6

1) procedures are found in s30 Bail Act

2) warrant may be issued if accused fails to answer undertaking of bail

Question 7

outline requirements for refusal of bail

p8

Answer 7

there are 2 sections of the Bail Act which provide for refusal of bail.

1) s4(2)
a) sets out offences for which bail shall be refused regardless of circumstances

2) s4(4)
a) has a proviso. It lists offences for which bail shall be refused unless the person “shows cause” why his detention in custody is not justified

Question 8

describe procedures for remand

p11

Answer 8

1) should offender fall into s4(2) or s4(4) advisable offender be brought
a) before Bail Justice
b) court
so that he can be remanded into custody until ready for prosecution.

2) time limit for prisoner to be remanded is not more than 8 clear days

3) once prisoner has been remanded, Bail Justice or Mags will sign either
a) court date at which the case will be heard
b) court date within 8 clear days where a further remand will be sought.

Question 9

state procedure for release of children

p13

Answer 9

1) under s10 of Bail Act,

a) child taken into custody must be released on bail or
b) brought before the court or
c) brought before a Bail Justice

no later than 24 hours after being taken into custody

2) if the child is brought to court, court may
a) grant bail or
b) refuse bail and remand the child in custody not exceeding 21 days

3) brought before Bail Justice, may only
a) grant bail or
b) refuse bail and remand child in custody to appear in court next working day.

4) bail must not be refused on the basis that child has inadequate or no accommodation.