Bail Flashcards
What is the Bail Authorisation Rank?
A member who holds the rank of Sergeant or above or any other member
who is for the time being in charge of a Police Station may grant bail to
persons in police custody prior to Court.
When is bail to be considered?
- Bail should only be considered when:
13.1 the person has been charged with an offence; or
13.2 when a person is held in accordance with a warrant to
apprehend and that person requests bail. Only a Magistrate can
grant bail to a person in custody on a warrant. Supreme Court
warrants can only be dealt with by the Supreme Court. - When a person has become eligible for bail, the authorised member is to:
14.1 inform the person charged of the person’s right to apply for bail
(that is the police bail); and
14.2 as far as practicable, ensure that the person charged is able to
communicate with a legal practitioner or someone of the person’s
choosing in connection with an application for bail. The
requirement to allow a person to speak with a legal practitioner
or a person of their choosing may not to be complied with where
section 16(4) is applicable; (section16(4) relates to the escape of
an accomplice or loss, destruction or fabrication of evidence);
and
14.3 as soon as practicable thereafter make the decision whether bail
should be granted.
What are the conditions of bail?
22.1 conditional bail – where bail is granted on the condition that the
accused person adhere to requirements as to their conduct (refer
paragraph 24);
22.2 surety bail – an acceptable person agrees to ensure the
accused person will attend Court for the offence/s for which they
are bailed;
22.3 own recognisance bail – the accused person enters into an
agreement that they will forfeit a specified amount of money if
they fail to comply with the bail undertaking;
22.4 bail with surety – an acceptable person enters into an
agreement that they will forfeit a specified amount of money if
the bailed person fails to comply with the bail undertaking;
22.5 bail with security - the accused person enters into an
agreement and deposits acceptable security that they will forfeit
a specified amount of money if they fail to comply with the bail
undertaking;
22.6 surety bail with security – an acceptable person enters into an
agreement and deposits acceptable security, that they will forfeit
a specified amount of money, if the accused person fails to
comply with their bail undertaking;
22.7 cash bail - the accused person deposits with an authorised
member an amount of money in cash and enters into an
agreement that they will forfeit the amount deposited if they fail
to comply with the bail undertaking;
22.8 bail with cash surety - an acceptable person deposits with an
authorised member an amount of money in cash and enters into
an agreement that they will forfeit the amount deposited, if the
accused person fails to comply with their bail undertaking; or
22.9 bail where passport is to be surrendered - this only relates to
where bail is granted by a Court. There is no power for police to
grant bail to a person requiring the surrender of a passport.
Where police believe this condition is necessary the bail
application will need to be determined by a Court (which may
include a telephone application to a Magistrate).
When setting conditional bail what must be taken into consideration?
- Conduct agreements are to:
25.1 be appropriate to the offences charged;
25.2 consider the circumstances of the individual;
25.3 be clearly worded (any conditions imposed) and enforceable;
and
25.4 as part of a conduct agreement, an accused person may be
required to wear an approved monitoring device. A youth cannot
be required to wear a monitoring device (see section 27A of the
Bail Act). Where police believe this condition is necessary, then
the bail application will need to be determined by a Magistrate,
Judge or Justice. Members will receive further advice in relation
to this testing when the monitoring devices become available for
use.
You are about to set bail for an offender who as matters before the court. What must you consider before giving bail?
- When considering bail it is important to check for current existing bail and
any conditions. It is important that new bail conditions not be in conflict with
current existing conditions. Where appropriate, bail should be set to the
same date and location as other current Court appearances.
