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PEP 55 - Exam 1 > Bail Act > Flashcards

Bail Act Flashcards

1
Q

What year is the Bail Act?

A

The Bail Act 2013

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2
Q

What year is the bail amendment Act?

A

2014

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3
Q

Does the Bail Act apply to children/under 18?

A

Yes, it allows them two applications before they need fresh evidence and there is no show cause requirement.

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4
Q

What is bail?

A

S 7

The authority to be at liberty for an offence.

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5
Q

Can bail apply to non offenders

A

S 8 - yes it can, to people such as witnesses

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6
Q

What kind of Bail Applications can be made?

A
  1. Release
  2. Variation
  3. Detention
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7
Q

Who is a Bail Authority?

A

A police officer, an authorise justice or a court

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8
Q

What bail decisions can be made?

A

S 8

  1. Release without conditions
  2. Dispense
  3. Grant
  4. Refuse
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9
Q

What does the preamble say parliament considered when drafting the act?

A
  1. Need to ensure safety of victim of crime, individuals and community
  2. The need to ensure the integrity of the justice system
  3. The common law presumption of innocence and the general right to be at liberty
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10
Q

What must a bail authority do when considering a show case offence?

A

They must refuse bail unless the accused person shows cause as to why his or her detention is not justified.

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11
Q

What section outlines Show cause offences?

A

Section 16B

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12
Q

What are some examples of a show cause offence?

A
  • Carry 20 years in prison
  • adult sex offender where victim is under 16
  • serious drug offences
  • if serious indictable offence committed whilst on bail or parole
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13
Q

What is a serious indictable offence

A

S 4 of crimes act - punishable by imprisonment for more than 5 years

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14
Q

What is a serious personal violence offence? (SPVO)

A

Defined in part 3 of the crimes act. Carries imprisonment of 14 years or more.

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15
Q

How does an accused show cause?

A
  1. Consider the strength of the prosecution case
  2. The length of time the accused will spend in custody if convicted
  3. Special or urgent medical needs
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16
Q

What did the Court consider in DPP v Tikomaimelaya?

A

Must consider show cause first and if cause is shown you can then go on to the risk assessment model.

If no cause is shown by the accused then bail must be refused and no need to consider the risks

17
Q

What are the 6 principles of show cause? In Moukhallaletti v DPP

A
  1. Show cause test is seperate to unacceptable risk
  2. Factors not stated in act
  3. Overlap of factors for show cause and s 18
  4. May be one or a combination of factors that show cause
  5. Special/exceptional circumstances are not required
  6. Bail cases provide little precedent value on fact issues
18
Q

What is a right to release offence?

A

A fine only offence or a summary offence (unless excluded by the act)

You may release without bail or bail with or without conditions

19
Q

What are bail concerns under section 17?

A
  1. Fail to appear at any proceedings for the offence
  2. Commit a serious offence whilst on bail
  3. Endanger the safety of victims, individuals or the community
  4. Interfere with witnesses or evidence
20
Q

What does s 18 of the act define as a serious offence? Or to assist in determining the seriousness of an offence?

A

1 an offence of a sexual or violent nature.

  1. Involves the possession or use of an offensive weapon
  2. Likely effect of victim/community in general
  3. The number of offences likely to be committed if granted bail
21
Q

Can you consider bail conditions when addressing unacceptable risk?

A

Yes in accordance with section 20A (p)

22
Q

What section of the act covers things that can be considered when addressing unacceptable risk?

A

Section 20A

23
Q

What does section 19 (1) allow

A

Bail authority must refuse bail if satisfied that the bail concerns still mean that there is an unacceptable risk

24
Q

What does risk = likelihood x consequence mean?

A

Consider the likelihood of something happening and importantly its consequences.

Terrorism - low likelihood x horrific consequence = unacceptable risk

25
Q

What are the steps in a bail concern assessment?

A

Bail concerns
Bail considerations
Bail conditions
Unacceptable risks

26
Q

Can bail be granted if there are reasonable grounds to believe that the accused will not comply with the conditions imposed?

A

No, under section 20A it cannot.

27
Q

What are pre release conditions under section 14?

A

Sign a bail acknowledgement

- surrender passport, accomodation, surety lodged

28
Q

What are enforcement order?

A

To allow police to be able to check certain conditions such as curfew. Can only be made by a Court.

29
Q

What three elements does an enforcement order require?

A
  1. Specific directions ( the acc to comply with direction of police)
  2. Specify the circumstances (once per day present at door)
  3. Specify the relevant underlying bail condition (to ensure compliance with curfew)
30
Q

What happens if a person is so intoxicated they cannot understand Bail?

A

S 44 allows police to defer making a determination and placing the person before Court
S 56 allows authorised justices to do the same

31
Q

What can police do if someone breaches their bail? Section 77

A
  1. Take no action
  2. Issue a warning
  3. Issue a detention or variation application
32
Q

What can police do when a breach of bail is detected to bring them before the court?

A
  1. Issue them with a CAN
  2. Arrest them and put before court on a detention application
  3. Apply for a warrant
33
Q

What should be considered on a BoB s 77?

A
  1. The seriousness of the failure or threatened failure
  2. Whether the person has a reasonable excuse
  3. The personal attributes and circumstances of the person
  4. Whether an alternative to arrest is appropriate in the circumstances
34
Q

What does s 31 dictate?

A

A bail authority may take into account any evidence or information that the bail authority considers credible or trustworthy.

35
Q

What standard should be applied in a bail application?

A

The balance or probabilities

36
Q

What does s 40 allow?

A

Prosecution to apply for a stay of a grant of bail for a serious offence

37
Q

Can multiple applications be made?

A

Yes, if there is a change in circumstances, this cannot be change in bail law, new lawyer or $$ for surety.

38
Q

Major categories of bail conditions?

A
  1. Conduct
  2. Security for bail
  3. Character acknowledgment
  4. Accomodation Requirement
  5. Enforcement orders

PEP 55 - Exam 1 (3 decks)

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