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CPK Carts : Chap 2 bail taser pros > Bail > Flashcards

Bail Flashcards

1
Q

Under s.7 of the Bail Act 2000, when is a defendant bailable as of right?

A

charged with offence not punishable by imprisonment

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2
Q

A defendant who is charged with an offence punishable by imprisonment is not bailable as of right if the defendant has been previously convicted of an offence punishable by death or imprisonment. True or False?

A

TRUE

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3
Q

s.7(2) of the Bail Act 2000: A defendant is bailable as of right who is charged with an offence punishable by 3 years or less, unless they are what 3 offences?

A
  • Assault on an child
  • Males assaults female
  • Contravention of a protection order
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4
Q

What does s.10 of the Bail Act 2000 relate to in regards to specified offences?

A

Restriction on bail: Where defendant is charged with specified offence & have a previous conviction for a specified offence.

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5
Q

BA2000 s.8: When considering if there is just cause for continued detention, what 3 ‘risks’ must the court take into account?

A

defendant will/may:

  • fail to appear
  • interfere with witnesses/evidence
  • offend while on bail
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6
Q

s.10 BA2000– Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence. Who may order the release on bail of a defendant subject to s.10?

A

High Court or District Court Judge.

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7
Q

According to s.10 BA2000, what must the defendant satisfy the Judge (on the balance of probabilities) that he or she will not do while on bail or remanded at large?

A

commit any offence involving:
-violence against
-danger to
the safety of, another person.

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8
Q

What are the 2 primary considerations a judge must consider when considering bail or a remand at large under s.10 & s.12 BA2000?

A

protect the safety of:

  • public
  • victim(s)
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9
Q

What did the amendments to the BA2000 in September 2013, do for those accused of serious offences in regards to being to be granted bail?

A

Reversed the burden of proof. (defendant to prove they should be released on bail)

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10
Q

What does s.12 BA2000 relate to?

A

Further restriction on bail in certain cases.

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11
Q

s.12 BA2000– Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence. Who may order the release on bail of a defendant subject to s.12?

A

District Court or High Court Judge.

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12
Q

BA2000 s.8: In considering if there is ‘just cause’ for continued detention under subsection (1), the court may take into account the following 8 things:

A
  • Seriousness of the offence
  • seriousness of punishment
  • strength of evidence
  • character & past conduct
  • history of offending while on bail
  • length of time before hearing
  • prejudice to defendant
  • special matters
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13
Q

s.12(1)(a) BA2000, deals with further restriction on bail in certain cases. What 4 circumstances must exist under (a) for this to apply to a defendant?

A
  • under 17 years
  • CA1961 offence (>3 years)
  • on bail or at large for another CA offence >3 years
  • previously received a sentence of imprisonment
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14
Q

According to s.12(5) BA2000, what must the defendant satisfy the Judge (on the balance of probabilities) that he or she will not do while on bail or remanded at large?

A 
commit any offence involving: 
-violence against 
-danger to 
the safety of, any other person.
OR
-burglary/other serious property offence.
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15
Q

s.12(1)(b) BA2000, deals with further restriction on bail in certain cases. What 4 circumstances must exist under (b) for this to apply to a defendant?

A
  • under 17 years
  • an offence (>3 years)
  • 14 sentences of imprisonment
  • previous convicted of offence (>3yrs) committed while on bail or at large.
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16
Q

Who must satisfy the Judge under s.10 BA2000 that bail or a remand at large should be granted.

A

The defendant.

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17
Q

For the purposes of s.12(5) BA2000, what does ‘serious property offence’ mean?

A
  • Part 10 of the CA1961

- >7 years imprisonment

18
Q

For the purposes of s.12 BA2000, does a sentence of imprisonment include corrective training?

A

Yes.

19
Q

s.15 BA2000 relates to Granting of bail to defendant who is 17 years of age. A court that remands a defendant at any stage of the proceedings, including sentencing, must release the defendant on bail or subject to such conditions as it thinks fit if—

A

-17 years of age
&
-no previous imprisonment

(applies to under 17 years charged with/convicted of any offence in a District Court or High Court.)

20
Q

In relation to police bail, what does s.21 state in relation to a persons right to bail (s.7)

A

Despite s.7, NO person is entitled to be granted Police bail under this section ‘as of right’.

21
Q

When police are considering bail for an offence involving s.49 DVA1995 what is the primary consideration?

A

The need to protect the victim of the alleged offence.

22
Q

According to s.21 BA2000:

  • who within police can grant bail?
  • when can they grant bail?
  • who can they grant bail to?
A

-Any police employee
-when prudent to do so
-anyone charged with a offence & arrested without warrant
(except when subject to sections 9, 9A, 10, 12, 16, 17A)

23
Q

What does s.16 BA2000 refer to?

A

A defendant charged or convicted of drug offence(s) can only be granted bail by High Court or District Court Judge.

24
Q

s.21A(4) BA2000: “The date for attendance by the defendant before a court must not be later than ____ days from the date of the notice.”

A

14 days

25
Q

What does s.21B(2) BA2000, (Conditions of Police Bail) allow a police employee to add to a notice of bail

A

“…any condition of the bail that might be imposed by a judicial officer” (under section 30(2) or (4))

26
Q

s.37(1) BA2000: Before issuing a WTA, what 4 things must the judicial officer or Registrar be satisfied of after receiving evidence on oath?

A
  • defendant absconded/about to abscond to evade justice.
  • contravened/failed to comply with any condition of bail.
  • DNA at time & place as per Notice of bail
  • DNA any time & place proceedings were adjourned.
27
Q

s.21A BA2000: A Police employee granting Police bail, must ensure 3 things are done. What are they?

A
  • defendant given notice
  • understands notice
  • authenticates notice
28
Q

According to s.23(1) BA2000 (Bail & breach of protection order), when a person is arrested under s.50 & charged under s.49 of the DVA1995, the person must not be released on bail by a Police under section 21 during the _____ hours _____________ ____________ the arrest.

A

24 hours immediately following the arrest.

29
Q

s.23 BA2000 (Bail & breach of protection order) What obligation still exists when holding a person for 24 hours after an arrest under s.50 & charged under s.49 of the DVA1995

A

Bring them before a court as soon as possible.

if no court available, may be released on bail after the 24 hour period

30
Q

(Finish the sentence)
When a person has been charged under s.49 DVA1995 & other offences (from same incident) to which he may be granted police bail, the person must not…

A

…be released on bail during the 24 hours immediately following arrest.

31
Q

What were 4 major changes the Bail Act 2000 introduced?

A
  • Bail can be granted by any ‘police employee’
  • surety no longer required
  • ‘bail bond’ replaced with ‘notice of bail’
  • no money required when released on bail
32
Q

s.21A BA2000 (Notice of Police Bail): A notice of Police bail must contain 5 things. What are they?

A
  • name & address
  • the charge
  • conditions (court appearance details)
  • other information (as per rules s.386 CPA 2011)
  • dated
33
Q

<p>Under s.35(1) BA2000 what 2 circumstances can a constable arrest a person without warrant</p>

A

<p>-has <strong>absconded</strong> or about to abscond to evade justice; OR -contravened/failed to comply with any condition of bail.</p>

34
Q

If a person is arrested under s.35(1) BA2000 (Defendant on bail may be arrested without warrant in certain circumstances) what must happen to the person according to s.35.(2) -2 points

A

-be brought before a District Court Judge asap for cat 1,2,3 offences. (unless Solicitor-General has assumed responsibility for the proceedings s.187 CPA 2011)
OR
-in any other case be brought before a High Court Judge or a District Court Judge asap.

35
Q

s.7(5) BA2000: What must the court do with a defendant who is charged with an offence and is not bailable as of right?

A

must released D on reasonable terms and conditions ‘unless’ there is just cause for continued detention

36
Q

According to s.21B(3) BA2000, (Conditions of Police Bail) When can a police employee add additional conditions to a notice of bail? (2 circumstances)

A
  • court appearance within 7 days of the notice.

- court is closed for more than 7 consecutive days after defendant’s arrest.

37
Q

s. 37(2)&(3) BA2000:
- Who is a warrant to arrest direct to?
- Who may execute the warrant?

A
  • directed to a constable by name; generally to every constable
  • any constable may execute the WTA.
38
Q

s.35(6) BA2000:(Defendant on bail may be arrested without warrant in certain circumstances) Nothing in this section prevents a constable from _______ _ _______ __ ______ a defendant under section __.

A
  • seeking a warrant to arrest

- 37

39
Q

s.37(4) BA2000:

What does a WTA issued under this section allow a constable to do? (4 points)

A
  • enter any premises
  • by force if necessary
  • if reasonable grounds to believe
  • defendant is on those premises
40
Q 
s.37(7) BA2000:
What does a judicial officer or Registrar mean in the different courts?
-District Court
-High Court
-Court of Appeal/Supreme Court
A
  • judicial officer or Registrar of DC
  • Judge or Registrar of HC
  • Judge or Registrar of HC (for CoA & SC)
41
Q

s.35(4) BA2000: (finish the sentence) The judicial officer, on being satisfied that the defendant had absconded or was about to abscond or has contravened or failed to comply with any condition of bail, must _________ ___ ________ __ ____.

A

must…reconsider the question of bail.

42
Q

s.37(5) BA2000:

What statutory obligations exist when executing a WTA under this section?

A
  • possess WTA or copy of
  • produce it on entry and request
  • produce ID if not in uniform

CPK Carts : Chap 2 bail taser pros (4 decks)

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