Bail and Warrants Flashcards
What is Bail defined as?
Bail means an undertaking in writing, signed by an accused or an accused and his surety or sureties, that the accused will attend a hearing, trial or for sentence and surrender themselves into custody.
Who can be empowered under the Bail Act to grant, extend or revoke bail, or vary the amount/ conditions of bail?
- A Court (meaning a Magistrate or a Judge)
- A police officer
- Bail Justice
- The Sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014.
Can any Police Member be empowered under the Bail Act?
A sergeant or above or for the time being the officer in charge of the station.
What must be considered by Officers when granting or revoking bail for a child?
The police member must ensure that a parent, guardian or an independent person is present during the bail proceedings. (Allegedly only Bail Justice’s attend for children)
How long can a BDM remand a person in custody for?
48 hours.
What are the types of Bail as delineated in the Bail Act 1977?
- Released on own undertaking without any condition(s)
- Released on own undertaking with conduct conditions;
- Released with a surety for a specified amount or deposit of money, with or without conduct conditions.
What must be considered when imposing Bali conditions?
Consideration must be given to the nature of the alleged offence/s and circumstances of the accused. The conditions imposed must be reasonable and not more onerous than what is required in the circumstances.
What are some examples of conduct conditions that may be imposed on bail?
- Reporting to a Police Station.
- Residing at a particular address.
- Imposing a curfew between which times the accused must be at their residential address.
- Not to have any contact with a particular person or class of persons (e.g. witnesses, co-accused or victims)
- Surrender of passport.
- Geographical exclusion zones (e.g. gaming venues, licensed premises, international points of departure)
- Not to drive a motor vehicle.
- Not to consume alcohol or use drugs.
What is the difference between a Surety and a Security?
A surety is a person who guarantees the accused will attend court on a specific date. A security is a deposit of money or something of value either by the accused or a surety.
What approval is needed for the use of reporting to police stations bail condition?
The approval of a sub-officer.
What is a warrant?
A warrant is a document issued by a legal or government official authorising the police or another body to make an arrest, search premises or carry out some other action relating to the administration of justice. A warrant gives authority for a police officer to carry out the instructions of the court.
Who can execute a warrant?
Any Police Officer, or any Protective Services Officer on duty at a designated place, may arrest and execute a warrant to arrest.
How must a warrant be executed once it is confirmed to exist?
- Confirm the identity of the subject and that they are in fact the person named in the warrant.
- Explain the contents of the warrant to the person.
- Arrest the person and convey them to the Police Station to be dealt with in accordance with instructions contained in the warrant.
What must occur within a reasonable time of being arrested?
The subject must be:
- Brought before a Bail Justice or Court.
- Released in accordance with any bail conditions endorsed on the warrant.
What is the arresting member required to do in regards to warrants?
They are required to endorse the execution copy of the warrant with the time and date of the arrest and their signature, rank, and registered number. The execution copy of the warrant must then be returned to the court of issue.
