Bail Act Flashcards
Section 17(3) bail act 2013. Actions that may be taken to enforce bail requirements:
- Take action - arrest
- Issue a warning
- Application notice - issue application notice
- Take no action
- Apply for warrant
Section 17(2), bail act 2013. Unacceptable risk:
- Fail to appear
- Commit a serious offence
- Endanger safety of victims, individuals, community.
- Interfere with witness or evidence
Does the bail Act apply to children.
Under 18s?
Yes.
3 types of bail applications
Detention
Release
Variation
What is Section 5, bail act 2013?
Proceedings for offence
What is section 8 bail act 2013?
No bail if offence has concluded
Section 12 bail act 2013
Duration of bail. Bail ceases if revoked, substantive, concluded.
Section 7(1) -
bail is authority to be authority to be at liberty for an offence.
5 Major categories of bail
- Conduct
- Security
- Character acknowledge
- Accommodation requirements
- Enforcement order
What are the enforcement conditions
Section 30, bail act 2013.
(i) specify the direction
(ii) specify the circumstances in which the direction may be given.
(iii) specify the relevant underlying bail condition - compliance with the bail condition.
Section 77(3) bail act 2013 Consideration taken into account by police.
a) serious
b) excuse
c) known to police
d) alternate course
Section 31, bail act 2013
Rules of evidence, anything can be taken into account that the court deems appropriate.
Section 21 (4)
Right to release offence.
If the same offence committed as one given bail the person looses the right to release.
Section 40
Stay of bail
