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Chapter 2: Custody, Bail, Prosecution Guidelines and TASER > Bail Act 2000 > Flashcards

Bail Act 2000 Flashcards

Learning S. 7, 8, 10, 12, 15, 16, 21, 21A, 21B, 23, 35 and 37

1
Q

What does S. 7 refer to under Bail Act 2000?

A
  • RULES AS TO GRANTING BAIL
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2
Q

What does sub-section (1) of S. 7 relate to?

Clue: bailable

A
  • A Defendant is BAILABLE as of right who is CHARGED with an Offence that is NOT punishable by Imprisonment.
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3
Q

What does sub-section (2) of S. 7 relate to?

Clue: 3 years imprisonment

A
  • A Defendant is bailable as of right who is charged with an offence for which the Maximum Punishment is less than 3 years imprisonment, UNLESS the offence is one against S. 194 of the Crimes Act 1961 (which relates to assault on a Child, or by a Male on a Female) OR against S. 194A of the Crimes Act 1961 (wich relates to assault on a person with whom the Defendant is, or has been, in a Family Relationship).
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4
Q

What does sub-section (3) of S. 7 relate to?

Clue: (one word - starts with “R”)

A

REPEALED.

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5
Q

What does sub-section (4) of S. 7 relate to?

Clue: previously convicted

A
  • Despite anything in this section, 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.
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6
Q

What does sub-section (5) of S. 7 relate to?

Clue: not bailable

A
  • Subject to sections 9 to 17, a Defendant who is charged with an offence and is NOT BAILABLE as of right if the Defendant has been previously convicted of an offence punishable by death or imprisonment.
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7
Q

What does Section 8 of the Bail Act 2000 cover for the Defendant?

A
  • CONSIDERATION OF JUST CAUSE FOR CONTINUED DETENTION
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8
Q

What does sub-section (1) of S. 8 relate to?

Clue: Responsibilities of the Court

A
  • In considering whether there is just cause for continued detention, the Court MUST take into account:
    > Whether there is RISK that:
    . The Defendant may FAIL TO APPEAR in Court
    . The Defendant may INTERFERE with witnesses or evidence
    . The Defendant may OFFEND while on bail
  • Any matter that would make it UNJUST to detain the Defendant
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9
Q

What does sub-section (2) of S. 8 relate to?

Clue: Continued detention under sub-section (1)

A
  • In considering whether there is just cause for CONTINUED DETENTION UNDER SUB-SECTION (1), the Court may take into account the following:
    (a) The NATURE of the offence
    (b) The STRENGTH of the evidence and PROBABILITY of conviction
    (c) The SERIOUSNESS of the punishment
    (d) The CHARACTER and PAST CONDUCT or behaviour of the Defendant
    (e) Whether the Defendant has a HISTORY OF OFFENDING while on bail
    (f) The likely LENGTH of time before the matter comes to HEARING
    (g) The possibility of PREJUDICE to the Defence in the preparation
    (h) Any other SPECIAL MATTER that is RELEVANT
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10
Q

What does sub-section (3) of S. 8 relate to?

A

REPEALED.

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11
Q

What does sub-section (3A) of S. 8 relate to?

Clue: Family Violence

A
  • In deciding, in relation to a Defendant charged with a FAMILY VIOLENCE offence, whether or not to GRANT BAIL, the Courts PRIMARY CONSIDERATION is the need to PROTECT:
    (a) The Victim
    (b) Any person or people in a family relationship with the Victim
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12
Q

What does sub-section (3B) of S. 8 relate to?

A
  • Sub-section (3A) is subject to sub-section (3C)
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13
Q

What does sub-section (3C) of S. 8 relate to?

Clue: S. 112 of FV Act

A
  • In deciding, in relation to a Defendant charged with an offence against S. 112 of the Family Violence Act 2018, whether or not to grant bail to the Defendant, the Courts paramount consideration is the need to protect every person who, in relation to the Protection Order, is a protected person
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14
Q

What does sub-section (4) of S. 8 relate to?

Clue: S. 29, Victims Rights Act 2002

A
  • When considering an application for bail, the Court MUST take into account any VIEWS of a Victim of an offence of a kind referred to in S. 29 of the Victims Rights Act 2002, or of a parent or legal guardian of a Victim of that kind, conveyed in accordance with S. 30 of that Act.
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15
Q

What does sub-section (4A) of S. 8 relate to?

Clue: Information

A
  • When considering an application for bail, the Court MUST NOT take into account the fact that the Defendant HAS PROVIDED, or may provide, INFORMATION relating to the investigation or Prosecution of ANY OFFENCE, including any offence committed or alleged to have been committed by the Defendant.
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16
Q

What does sub-section (4B) of S. 8 relate to?

Clue: Co-operation

A
  • However, despite sub-section (4A), the Court MAY take into account the COOPERATION by the Defendant with AUTHORITIES in the investigation or Prosecution of any offence if that COOPERATION is RELEVANT to the Courts assessment of the RISK that the Defendant will FAIL to appear in Court, INTERFERE with witnesses or evidence, or OFFEND while on bail.
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17
Q

What does sub-section (5) of S. 8 relate to?

A

REPEALED.

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18
Q

What does S. 10 refer to in relation to the Defendant?

Clue: Restriction

A
  • RESTRICTION on bail if Defendant with previous conviction for SPECIFIED offence charged with FURTHER specified offence.
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19
Q

What does sub-section (1) of S. 10 relate to?

Clue: Age of 18 years

A
  • This section applies to a Defendant of or over the AGE OF 18 years who is charged with specified offence, and who has 1 or more previous convictions for a specified offence.
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20
Q

What does sub-section (1A) of S. 10 relate to?

Clue: Aged 17 years

A
  • This section also applies to a Defendant AGED 17 YEARS who is charged in the District Court or High Court with a SPECIFIED offence and who has one or more previous convictions for a specified offence.
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21
Q

What does sub-section (2) of S. 10 relate to?

Clue: SPECIFIED OFFENCE

A
  • In this section, SPECIFIED OFFENCE means ANY offence against ANY of the following provisions of the Crimes Act 1961.
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22
Q

What does sub-section (2)(a) of S. 10 relate to?

Clue: S. 128B

A
  • Sexual Violation
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23
Q

What does sub-section (2)(b) of S. 10 relate to?

Clue: S. 132

A
  • Sexual Conduct with Child under 12
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24
Q

What does sub-section (2)(c) of S. 10 relate to?

Clue: S. 134

A
  • Sexual conduct with Young Person under 16
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25
Q

What does sub-section (2)(d) of S. 10 relate to?

Clue: S. 167

A
  • Murder
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26
Q

What does sub-section (2)(e) of S. 10 relate to?

Clue: S. 168

A
  • Murder
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27
Q

What does sub-section (2)(f) of S. 10 relate to?

Clue: S. 171

A
  • Manslaughter
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28
Q

What does sub-section (2)(g) of S. 10 relate to?

Clue: S. 173

A
  • Attempt to Murder
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29
Q

What does sub-section (2)(h) of S. 10 relate to?

Clue: S. 188

A
  • Wounding with Intent
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30
Q

What does sub-section (2)(i) of S. 10 relate to?

Clue: S. 189

A
  • Injuring with Intent
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31
Q

What does sub-section (2)(j) of S. 10 relate to?

Clue: S. 191

A
  • Aggravated Wounding or Injury
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32
Q

What does sub-section (2)(k) of S. 10 relate to?

Clue: S. 198A

A
  • Using ANY firearms against Law Enforcement Officer, etc
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33
Q

What does sub-section (2)(l) of S. 10 relate to?

Clue: S. 198B

A
  • Commission of crime with firearm
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34
Q

What does sub-section (2)(m) of S. 10 relate to?

Clue: S. 208

A
  • Abduction for purposes of marriage or sexual connection
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35
Q

What does sub-section (2)(n) of S. 10 relate to?

Clue: S. 209

A
  • Kidnapping
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36
Q

What does sub-section (2)(o) of S. 10 relate to?

Clue: S. 232

A
  • Aggravated Burglary
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37
Q

What does sub-section (2)(p) of S. 10 relate to?

Clue: S. 234

A
  • Robbery
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38
Q

What does sub-section (2)(q) of S. 10 relate to?

Clue: S. 235

A
  • Aggravated Robbery
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39
Q

What does sub-section (2)(r) of S. 10 relate to?

Clue: S. 236

A
  • Assault with Intent to rob
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40
Q

What does sub-section (3) of S. 10 relate to?

Clue: Except by order

A
  • NO Defendant to whom this section applies may be GRANTED BAIL or allowed to go at large EXCEPT by ORDER of a High Court Judge or a District Court Judge.
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41
Q

What does sub-section (4) of S. 10 relate to?

Clue: Satisfies

A
  • No Defendant to whom this section applies may be granted bail or allowed to go at large UNLESS the Defendant SATISFIES the Judge that bail or remand at large should be granted.
42
Q

What does sub-section (5) of S. 10 relate to?

Clue: Balance of Probabilities

A
  • In particular, the Defendant must satisfy the Judge on the BALANCE OF PROBABILITIES that the Defendant will NOT, while on bail or at large, commit ANY offence involving violence against, or danger to the safety of, any other person.
43
Q

What does sub-section (6) of S. 10 relate to?

Clue: SAFETY

A
  • In deciding whether or not to grant bail to a Defendant to whom this section applies or allow the Defendant to go at large, the need to PROTECT THE SAFETY of the public and, where appropriate, the need to protect the safety of the Victim or Victims of the alleged offending, are PRIMARY CONSIDERATIONS.
44
Q

Why was the Bail Act amended in 2013?

A
  • The Bail Act was AMENDED in 2013 to make it more difficult for those ACCUSED of SERIOUS OFFENCES to be granted bail.
  • The number of SITUATIONS has risen where a Defendant will be subject to a REVERSE BURDEN OF PROOF in bail decisions, whereby the Defendant has to PROVE that he or she should be released on bail, rather than the Prosecutor PROVING that the Defendant should NOT be released on bail.
45
Q

What does Section 12 refer to?

Clue: Restriction

A
  • Further RESTRICTION on bail in certain cases
46
Q

What does sub-section (1)(a) of S. 12 relate to?

Clue: awaiting trial

A

This section applies to a Defendant if -

  • The Defendant is over the age of 18 years and:
    . Is charged with an offence under the Crimes Act 1961 that carries a maximum sentence of 3 or more years imprisonment, and
    . At the time of the alleged commission of the offence was remanded at large or on bail AWAITING TRIAL for another offence under the Crimes Act 1961 that carries a maximum sentence of 3 or more years imprisonment, and
    . Has at any time previously received a sentence of imprisonment
47
Q

What does sub-section (1)(b) of S. 12 relate to?

Clue: received 14 or more sentences of imprisonment

A

This section applies to a Defendant if -

  • The Defendant is of or over the age of 18 years and -
    . Is charged with an offence that carries a maximum sentence of 3 or more years imprisonment, and
    . Has previously received 14 or more sentences of imprisonment and,
    . Has previously been convicted of an offence that was committed while the Defendant was remanded at large or on bail and that carries a maximum sentence of 3 years or more years imprisonment
48
Q

What does sub-section (2) of S. 12 relate to?

Clue: served concurrently

A
  • For the purposes of sub-section (1), a sentence of imprisonment is counted whether or not it was SERVED CONCURRENTLY with any other 1 or more sentences
49
Q

What does sub-section (3) of S. 12 relate to?

Clue: by order of a Judge

A
  • No Defendant to whom this section applies may be granted bail or allowed to go at large except BY ORDER of a High Court Judge or a District Court Judge
50
Q

What does sub-section (4) of S. 12 relate to?

Clue: satisfies the Judge

A
  • No Defendant to whom this section applies may be granted bail or allowed to go at large unless the Defendant SATISFIES THE JUDGE that bail or remand at large should be granted.
51
Q

What does sub-section (5) of S. 12 relate to?

Clue: balance of probabilities

A
  • In particular, the Defendant MUST SATISFY the Judge on the BALANCE OF PROBABILITIES that the Defendant will not, while on bail or at large, commit -
    . Any offence involving violence against, or danger to the safety of, any other person, or
    . BURGLARY or any other serious property offence
52
Q

What does sub-section (6) of S. 12 relate to?

Clue: serious property offence

A
  • For the purposes of sub-section (5), SERIOUS PROPERTY OFFENCE means an offence against PART 10 of the Crimes Act 1961 punishable by imprisonment for a term of more than 7 years.
53
Q

What does sub-section (7) of S. 12 relate to?

Clue: protect the safety of the public

A
  • In deciding whether or not to grant bail to a Defendant to whom this section applies or allow the Defendant to go at large, the need to PROTECT THE SAFETY OF THE PUBLIC and, where appropriate, the need to protect the safety of the Victim or Victims of the alleged offending, are PRIMARY CONSIDERATIONS.
54
Q

What does sub-section (7) of S. 12 relate to?

Clue: protect the safety of the public

A
  • In deciding whether or not to grant bail to a Defendant to whom this section applies or allow the Defendant to go at large, the need to PROTECT THE SAFETY OF THE PUBLIC and, where appropriate, the need to protect the safety of the Victim or Victims of the alleged offending, are PRIMARY CONSIDERATIONS.
55
Q

What does sub-section (8) of S. 12 relate to?

Clue: corrective training

A
  • For the purposes of this section, a REFERENCE in this section to a sentence of imprisonment INCLUDES a sentence of CORRECTIVE TRAINING imposed under the Criminal Justice Act 1985 or any former Act.
56
Q

Section 15 relates to the granting of what to the Defendant?

A
  • Granting of bail to Defendant who is 18 years of age or younger.
57
Q

What does sub-section (1) of S. 15 relate to?

Clue: remands a Defendant

A
  • A Court that REMANDS A DEFENDANT at any stage of the proceedings for the offence with which the Defendant is charged, including for sentence, MUST release the Defendant on Bail or otherwise subject to such conditions as it thinks fit if -
    . The Defendant appears to the Court to be 18 years of age, and
    . The Defendant has not previously been sentenced to imprisonment
58
Q

What does sub-section (2) of S. 15 relate to?

Clue: Sub-section (1) is subject to

A
  • Sub-section (1) is subject to (but no other enactment) -
    . Sections 7, 9-12, 16-17A of this Act, and
    . Section 175 of the Criminal Procedure Act 2011
59
Q

What does sub-section (2A) of S. 15 relate to?

Clue: 17 years old

A
  • A Court that remands a Defendant at any stage of the proceedings for the offence with which the Defendant is charged, including for sentence, must release the Defendant on bail or otherwise subject to such conditions as it thinks fit if -
    . The Defendant is 17 years old, and
    . The Defendant is charged with, or convicted of, any offence in the Distrct Court or the High Court, and
    . The Defendant has not previously been sentenced to imprisonment
60
Q

What does sub-section (2B) of S. 15 relate to?

Clue: Sub-section (2A) is subject to

A
  • Sub-section (2A) is subject to
    . Sections 7, 9-12 and 16-17A and
    . Sections 175 of the Criminal Procedure Act 2011
61
Q

What does sub-section (3) of S. 15 relate to?

Clue: Criminal Procedure Act 2011

A
  • Subject to Section 171(1) and 172(1) of the Criminal Procedure Act 2011 and to the OT Act 1989, this section applies in respect of a Defendant who is under the age of 17 years and who is charged with or convicted of any offence in the Distrct Court or the High Court.
62
Q

What does Section 16 relate to?

Clue: drug dealing

A
  • Judge only may grant bail for drug dealing offence
63
Q

Under Section 16, what happens to a Defendant who is charged with or convicted of a drug dealing offence?

A
  • They MAY be granted bail by Order of a High Court Judge or District Court Judge but not otherwise.
64
Q

Police MAY do what under Section 21?

A
  • A Police Employee may grant bail.
65
Q

What does sub-section (1) of S. 21 relate to?

Clue: Police bail

A
  • Any Police Employee may, if he or she CONSIDERS IT PRUDENT to do so, grant bail to a Defendant who is charged with an offence and has been ARRESTED WITHOUT A WARRANT.
66
Q

What does sub-section (2) of S. 21 relate to?

Clue: does not apply

A
  • Sub-section (1) DOES NOT APPLY in any case to which any of Section 9, 9A, 10, 12, 16 or 17A applies.
67
Q

What does sub-section (2A) of S. 21 relate to?

Clue: Police - primary consideration

A
  • In determining whether it is prudent to grant Police bail to a Defendant charged with a Family Violence offence, the Police employee MUST make the PRIMARY CONSIDERATION to need to protect -
    . The Victim of the alleged offence, and
    . Any particular person or Police in a Family Relationship with the Victim
68
Q

What does sub-section (2B) of S. 21 relate to?

Clue: Subject to sub-section

A
  • Sub-section (2A) is subject to sub-section (3)
69
Q

What does sub-section (3) of S. 21 relate to?

Clue: S. 112 of Family Violence Act 2018

A
  • In determining whether it is prudent to grant Police bail to Defendant charged with an offence against Section 112 of the Family Violence Act 2018, the Police employee MUST make the PARAMOUNT CONSIDERATION the need to protect every person who, in relation to the Protection Order, is a protected person.
70
Q

What does sub-section (4) of S. 21 relate to?

Clue: entitled

A
  • Despite Section 7, NO PERSON is ENTITLED to be granted Police bail under this section as of right.
71
Q

Section 21A relates to Police what?

Clue: starts with the letter N

A
  • NOTICE of Police bail.
72
Q

What does sub-section (1) of S. 21A relate to?

Clue: A Police employee MUST ensure what?

A
  • A Police Employee who grants Police bail MUST ensure that a NOTICE of Police bail is COMPLETED in accordance with sub-section (2).
73
Q

What does sub-section (2) of S. 21A relate to?

Clue: details required for the Notice / (a) and (b)

A

(a) A notice of Police bail MUST state -
. The Defendants full name and address, and
. The particulars of the charge, and
. The conditions of bail, including time, date, and place for attendance by the Defendant before a Court, and
. Any other information required by rules made under Section 386 of the Criminal Procedure Act 2011 to accompany a SUMMONS to a Defendant issued under that Act, and

(b) A notice of Police bail MUST state -
. Be dated.

74
Q

What does sub-section (3) of S. 21A relate to?

Clue: Responsibilities of Police employee

A
  • A Police Employee who grants Police bail must -
    . GIVE the notice of Police bail to the Defendant, and
    . Ensure that the Defendant UNDERSTANDS the conditions of bail, and
    . Ensure that the Defendant AUTHENTICATES the Notice
75
Q

What does sub-section (4) of S. 21A relate to?

Clue: Date

A
  • The DATE for attendance by the Defendant before a Court MUST NOT be later than 14 DAYS from the date of the notice.
76
Q

Section 21B relates to what?

Clue: CONDITIONS

A
  • Condition of Police bail
77
Q

What does sub-section (1) of S. 21B relate to?

Clue: attend personally

A
  • It is a condition of every grant of Police bail that the Defendant must ATTEND PERSONALLY before a Court at the TIME, DATE, and PLACE specified in the notice of bail.
78
Q

What does sub-section (2) of S. 21B relate to?

Clue: judicial officer

A
  • A Police Employee who grants Police bail may IMPOSE, in addition to the condition imposed by sub-section (1), any condition of the bail that might be imposed by a JUDICIAL OFFICER under S. 30(2) or (4).
79
Q

What does sub-section (3) of S. 21B relate to?

Clue: 7 days

A
  • However, sub-section (2) applies only if -
    . The TIME stated in the notice of Police bail for the appearance by the Defendant before a Court is less than 7 DAYS from the date of that notice, or
    . The Court that the Defendant must attend will be CLOSED for more than 7 CONSECUTIVE DAYS after the date of the Defendants arrest.
80
Q

Explain Section 22 in relation to family violence?

A
  • Conditions of Police bail granted to Defendant charged with FAMILY VIOLENCE OFFENCE
81
Q

Provide further explanation of S. 22.

Clue: Police employees considerations

A
  • A Police Employee who grants Police bail to a Defendant charged with a Family Violence Offence may impose as a condition of the bail any condition that the employee considers reasonably necessary to protect -
    . The Victim of the alleged offence, and
    . Any particular person residing, or in a family relationship, with the Victim
82
Q

What does Section 23 relate to?

Clue: Protection Orders

A
  • Bail and breach of Protection Order
83
Q

What does sub-section (1) of S. 23 relate to?

Clue: Section 113 and 112 of Family Violence Act 2018

A
  • If a person is arrested under S. 113 of the Family Violence Act 2018 and charged with an offence against S. 112 of that Act, the person MUST NOT BE RELEASED ON BAIL by a Police employee under S. 21 during the 24 hours immediately following the arrest.
84
Q

What does sub-section (2) of S. 23 relate to?

Clue: Obligation

A
  • Nothing in sub-section (1) limits or affects the OBLIGATION of the Police to bring a person who is charged with an offence before the Court as soon as possible.
85
Q

What does sub-section (3) of S. 23 relate to?

Clue: 24 HOURS

A
  • If a person to whom sub-section (1) applies is not brought before a Court during the 24 hours immediately following the arrest, the person may, at the expiry of that period, be released on bail by a Police employee under S. 21.
86
Q

What does sub-section (4) of S. 23 relate to?

Clue: Section 21

A
  • If a person to whom sub-section (1) applies has also been charged with 1 or more other offences arising out of the same incident, the person MUST NOT BE RELEASED on bail by a Police employee under S. 21 in respect of any of those offences during the 24 hours immediately following the arrest for an offence against S. 112 of the Family Violence Act 2018.
87
Q

What does Section 35 relate to?

. Clue: arrest without warrant

A
  • Defendant on bail may be arrested without warrant in certain circumstances.
88
Q

What does sub-section (1) of S. 35 relate to?

Clue: Evading Justice or contravened

A
  • Any Constable may arrest without warrant a Defendant who has been released on bail by a Court or Registrar or Police employee if the Constable believes on reasonable grounds that -
    . The Defendant has ABSCONDED or is about to abscond for the purpose of EVADING JUSTICE, or
    . The Defendant has CONTRAVENED or FAILED to comply with any condition of bail.
89
Q

What does sub-section (2) of S. 35 relate to?

Clue: Role of the Defendant

A
  • A Defendant who is arrested under sub-section (1) must -
    (a) If released on bail by the District Court, a Registrar, or a Police employee in relation to Category 1, 2, or 3 offence, be brought before the District Court as soon as possible, unless the Solicitor-General has assumed responsibility for the proceedings in accordance with S. 187 of the Criminal Procedure Act 2011, or
    (b) If released on bail in any circumstances to which paragraph (a) does not apply, be brought before a High Court Judge or a District Court Judge as soon as possible.
90
Q

What does sub-section (3) of S. 35 relate to?

Clue: Judicial Officer

A
  • In any such case, 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 RECONSIDER the question of bail.
91
Q

What does sub-section (4) of S. 35 relate to?

Clue: Cannot be bailed

A
  • After a Defendant has been arrested under sub-section (1), the Defendant CANNOT BE BAILED as of right and is BAILABLE ONLY under S. 7(5)
92
Q

What does sub-section (5) of S. 35 relate to?

Clue: 36 applies

A
  • This section does not apply if section 36 applies.
93
Q

What does sub-section (6) of S. 35 relate to?

Clue: Section 37

A
  • Nothing in this section PREVENTS a Constable from SEEKING a WARRANT to arrest a Defendant under S. 37
94
Q

What does sub-section (7) of S. 35 relate to?

Clue: OT Act 1989

A
  • S. 215 to 232 of the OT Act 1989 apply to a Defendant aged 17 years who -
    . Has been charged with, or convicted of, any offence in the District Court or the High Court, and
    . Has been released on bail for the offence, or the alleged offence, by a Court, a Registrar, or a Police employee, and
    . Is arrested without warrant under sub-section (1)
95
Q

Scetion 37 relates to the ISSUE of what regarding the Defendant?
Clue: the Court issues this

A
  • Issue of Warrant to Arrest Defendant absconding or breaching bail condition or who fails to answer bail.
96
Q

What does sub-section (1) of S. 37 relate to?

Clue: Judicial Officer (a) and Defendant (b)

A
  • A JUDICIAL Officer or Registrar may ISSUE a Warrant for the arrest of a Defendant if -
    (a) The Judicial Officer or Registrar is SATISFIED by evidence on OATH that -
    > The Defendant has absconded or is about to abscond for the purpose of evading justice, or
    > The Defendant has contravened or failed to comply with any condition of bail, or

(b) The Defendant -
> does not attend personally at the time and place specified in the notice of bail or, as the case may be, the bail bond, or
> does not attend personally at any time a place to which during the course of the proceedings the hearing has been adjourned

97
Q

What does sub-section (2) of S. 37 relate to?

Clue: Direction for a Constable

A
  • A Warrant to Arrest a Defendant under this section must be DIRECTED to a Constable by name or generally to every Constable.
98
Q

What does sub-section (3) of S. 37 relate to?

Clue: Execution

A
  • The Warrant may be EXECUTED by ANY Constable
99
Q

What does sub-section (4) of S. 37 relate to?

Clue: Powers of a Constable

A
  • For the purpose of EXECUTING a Warrant ISSUED under this section, the Constable executing it MAY at ANY TIME ENTER on to any PREMISES, by FORCE if necessary, if the Constable has REASONABLE GROUNDS TO BELIEVE that the Defendant against whom it is issued is on those PREMISES.
100
Q

What does sub-section (5) of S. 37 relate to?

Clue: Constable responsibilities

A
  • The Constable executing the Warrant -
    . MUST have the warrant, or a COPY of it, with him or her, and
    . MUST PRODUCE it, or a copy of it, on initial ENTRY and, if REQUESTED, at any subsequent time, and
    . If he or she is not in uniform, PRODUCE EVIDENCE that he or she is a Constable.
101
Q

What does sub-section (6) of S. 37 relate to?

Clue: S. 35 and 36

A
  • If the Defendant is arrested under a Warrant issued under this section -
    . S. 35(2) to (4) apply as if the Defendant had been arrested under S. 35(1), and,
    . In the case of a person who is charged with or convicted of a drug dealing offence and who has been released on bail in relation to that offence, S. 36(2) to (6) apply as if the Defendant has been arrested under S. 36(1).
102
Q

What does sub-section (7) of S. 37 relate to?

Clue: What a Judicial Officer or Registrar means

A
  • In this section, JUDICIAL OFFICER or REGISTRAR means, in relation to proceedings for the offence with which the Defendant is charged -
    . For proceedings in the District Court, a Judicial Officer or Registrar of the District Court
    . For proceedings in the High Court, a Judge or Registrar of the High Court
    . For proceedings in the Court of Appeal or the Supreme Court, a Judge or Registrar of the High Court

Chapter 2: Custody, Bail, Prosecution Guidelines and TASER (5 decks)

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