Bail And Custody Flashcards
What are the considerations of just cause for continued detention under section 8?
Risk of failure to appear, interference with evidence or witnesses, offending on bail. Consider nature and severity of offence, strength of evidence, probability of conviction, punishment, character past conduct criminal history, court order breaches, length of time before hearing, prejudice to defence etc., views of victim
What further considerations must the court make in relation to bail under section eight?
Cannot consider information provided relating to the investigation or prosecution of any offence, except if the cooperation is relevant to the risk the defendant will fail to appear in court or interfere with witnesses or evidence or offend on bail
What are the specified offences by adults for which a district or High Court judge must be satisfied that they should be granted and satisfied on the balance of probabilities no offence against involving violence will be committed and primarily considering the safety of the public and victims?
Sexual violation or conduct with young persons, injuring with intent and above, crimes with the firearms, abduction and kidnapping, aggravated burglary, assault with intent to rob.
What are the further restrictions on bail for adults that district or High Court judges must consider?
Charged with a three year offence and on bail for a similar offence and previously imprisoned, or previously sentenced to imprisonment 14 times and previously convicted of an offence on bail for a three year offence. Must satisfy no violence or burglary etc.
Outline section 32 policing act covering identifying particulars of a person detained for committing an offence in lawful custody at a police station or any other place being used to police purposes
Police must take identifying particulars in a reasonable manner using only reasonable force, a person who after being cautioned fails to comply comply commits an offence. Identifying particulars include biographical details photo or image and any prints. Also applies to persons facing summons for an offence
Define intoxicated in relation to the care and protection of intoxicated people
Observably affected by alcohol or other drugs or substances to a degree that speech, balance, coordination or behaviour is clearly impaired
What is the test for the initiation or continuation of prosecutions?
Admissible evidence provides a reasonable prospect of conviction and prosecution is required in the public interest, in that order. The evidential test requires an identifiable individual, credible evidence, admissible evidence, beyond reasonable doubt, a defined offence. The public interest test includes ringleaders, premeditation, offences against police, hate crime, corruption
What are some of the public interest considerations against prosecution?
Minimal penalty, not serious, long passage of time, effect on victim or witnesses, elderly or youth defendant, no previous convictions, mental or physical health, alternative civil action, harm to international relations, cost. Consider diversion especially for youths.
What are a supervisors duties after an operational taser discharge or contact stun?
Attend the scene ensure after-care preserve and photograph, secure evidence including cartridge identification tags, determine compliance with instructions, ensure taser register completed, tactical options report, evidence.com, notify district taser coordinator before end of shift
What a supervisors duties after an operational taser presentation, laser painting or arcing?
Require a tactical options report, ensure taser register completion, evidence dot com, determine use in accordance with instructions, inform the district taser coordinator before the end of shift
What are the rules as to granting Bail under section 7 of the bail act?
Bail as of right for non-imprisonable offences, for less than three years prison except MAF breach protection order, no bail as of right if previously convicted for imprisonable offence, release on reasonable terms and conditions unless just cause for continued detention
