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Snr Sgts CPK: Chapter 2 > Bail Deck > Flashcards

Bail Deck Flashcards

1
Q

s.7 BA2000: When is a defendant bailable as of right? (2)

A
  • When charged with offence not punishable by imprisonment
  • charged with offence <3yrs unless
    • assault on child
    • male assaults female
    • s.49 Domestic Violence Act (breach PO)
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2
Q

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.

True or False?

A

TRUE

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3
Q

s.8 BA2000: When considering if there is just cause for continued detention, what 3 ‘risks’ must the court take into account?

Clue: ‘Whether defendant will or may…’

A

Whether defendant will/may:

  • fail to appear
  • interfere with witnesses/evidence
  • offend while on bail
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4
Q

BA2000 s.8: In considering if there is ‘just cause’ for continued detention under subsection (1), the court may take into account the following 8 things:

A
  • Seriousness of the offence
  • Seriousness of punishment
  • Strength of evidence
  • Character & past conduct
  • History of offending while on bail
  • Length of time before hearing
  • Prejudice to defendant
  • Special matters
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5
Q

s.10 of the Bail Act 2000 relates to ‘Restriction on Bail’ to in regards to ‘specified offences.’ Who do these restrictions apply to?

A

A defendant who is charged with specified offence & has one or more previous conviction for a specified offence. (same or different)

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6
Q

s.10 & s.12 both refer to ‘Restriction on bail’: If defendant with previous conviction for specified offence charged with further specified offence. Who may order the release on bail of a defendant subject to s.10 or s.12?

A

Only A High Court or District Court Judge.

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7
Q

According to s.10 BA2000, what must the defendant satisfy the Judge (on the balance of probabilities) that he or she will not do while on bail or remanded at large?

CLUE: ‘Commit any offences involving…’ (2)

A

commit any offence involving:

  • violence against or…
  • danger to the safety of, another person.
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8
Q

What are the 2 primary considerations a judge must consider when considering bail or a remand at large under s.10 & s.12 BA2000? (2)

A

protect the safety of:

  • public
  • victim(s)
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9
Q

What did the amendments to the BA2000 in September 2013, do for those accused of serious offences in regards to being to be granted bail?

A

Reversed the burden of proof. (defendant to prove they should be released on bail)

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10
Q

s.12(1)(a) BA2000, deals with further restriction on bail in certain cases. What four circumstances must exist under (a) for this to apply to a defendant? (4)

Clue: #1 -Over Of or over 17 years of age

A
  • -over 17 years
  • -CA1961 offence (>3 years)
  • -on bail or at large for another CA offence >3 years
  • -previously received a sentence of imprisonment
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11
Q

s.12(1)(b) BA2000, deals with further restriction on bail in certain cases. What 4 circumstances must exist under (b) for this to apply to a defendant?

Clue: #1 -Over Of or over 17 years of age

A
  • over 17 years
  • CA1961 offence (>3 years)
  • -14 sentences of imprisonment
  • previous convicted of offence (>3yrs) committed while on bail or at large.
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12
Q

According to s.12(5) BA2000, what must the defendant satisfy the Judge (on the balance of probabilities) that he or she will not do while on bail or remanded at large?

A

commit any offence involving:

  • violence against
  • danger to the safety of, any other person.

OR

  • burglary/other serious property offence.
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13
Q

For the purposes of s.12(5) BA2000, what does ‘serious property offence’ mean?

A
  • Part 10 of the CA1961
  • >7 years imprisonment
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14
Q

For the purposes of s.12 BA2000, does a sentence of imprisonment include corrective training?

A

Yes.

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15
Q

s.15 BA2000, Granting of bail to defendant who is 17 years of age: A court that remands a defendant at any stage of the proceedings, including sentencing, must release the defendant on bail or subject to such conditions as it thinks fit if… (2)

A
  • appears 17 years of age
  • no previous imprisonment

(applies to under 17 years charged with/convicted of any offence in a District Court or High Court.)

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16
Q

What does s.16 BA2000 say in relation to a defendant charged or convicted of drug offences?

A

Defendant can only be granted bail by High Court or District Court Judge.

17
Q

In relation to police bail, what does s.21 state in relation to a persons right to bail (s.7)

A

Despite s.7,

NO

person is entitled to be granted Police bail under this section ‘as of right’.

18
Q

s.21 When police are considering bail for an offence involving s.49 DVA1995 what is the primary consideration?

A

The need to protect the victim.

19
Q

According to s.21 BA2000:

  • who within police can grant bail?
  • when can they grant bail?
  • who can they grant bail to?
A
  • Any police employee
  • when prudent to do so
  • anyone charged with a offence & arrested without warrant
20
Q

s.21A(4) BA2000: “The date for attendance by the defendant before a court must not be later than ____ days from the date of the notice.”

A

14 days

21
Q

s.21A BA2000: A Police employee granting Police bail, must ensure 3 things are done. What are they?

A
  • defendant given notice
  • understands notice
  • authenticates notice
22
Q

s.21A BA2000 (Notice of Police Bail): A notice of Police bail must contain five things. What are they? (5)

A
  • name & address
  • the charge
  • conditions (court appearance details)
  • other information (as per rules s.386 CPA 2011)
  • dated
23
Q

What does s.21B(2) BA2000, (Conditions of Police Bail) allow a police employee to add to a notice of bail

A

“…any condition of the bail that might be imposed by a judicial officer” (under section 30(2) or (4))

24
Q

According to s.21B(3) BA2000, (Conditions of Police Bail) When can a police employee add additional conditions to a notice of bail? (2 circumstances)

A
  • court appearance within 7 days of the notice.
  • court is closed for more than 7 consecutive days after defendant’s arrest.
25
Q

According to s.23(1) BA2000 (Bail & breach of protection order), when a person is arrested under s.50 charged under s.49 of the DVA1995, the person must not be released on bail by a Police under section 21 during the _____ hours _____________ ____________ the arrest.

A

24 hours immediately following the arrest.

26
Q

s.23 BA2000 (Bail & breach of protection order) What obligation still exists when holding a person for 24 hours after an arrest under s.50 & charged under s.49 of the DVA1995

A

Bring them before a court as soon as possible.

(if no court available, may be released on bail after the 24 hour period)

27
Q

s.23: (Finish the sentence) When a person has been charged under s.49 DVA1995 & other offences (from same incident) to which he may be granted police bail, the person must not…

A

…be released on bail during the 24 hours immediately following arrest.

28
Q

Under s.35(1) BA2000 what two circumstances can a constable arrest a person on bail without warrant

A
  • has absconded or about to abscond to evade justice;
  • contravened/failed to comply with any condition of bail.
29
Q

s.35(4) BA2000: (finish the sentence) 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 _________ ___ ________ __ ____.

A

must…reconsider the question of bail.

30
Q

s.37(1) BA2000: Before issuing a WTA, what four things must the judicial officer or Registrar be satisfied of after receiving evidence on oath? (4)

A
  • about to or absconded (evade justice)
  • contravened/any condition of bail.
  • DNA at time/place as per Notice of bail
  • DNA any time/place adjourned.
31
Q

s.37(4) BA2000: What does a WTA issued under this section allow a constable to do? (3 points)

A
  • enter any premises
  • by force if necessary
  • if RG2B defendant is on those premises
32
Q

s.37(7) BA2000: What does a judicial officer or Registrar mean in the 3 different courts?

  • District Court
  • High Court
  • Court of Appeal/Supreme Court
A
  • Judicial officer or Registrar of DC
  • Judge or Registrar of HC
  • Judge or Registrar of HC (for CoA & SC)
33
Q

s.37(5) BA2000: What statutory obligations exist when executing a WTA under this section? (3)

A
  • Have WTA or copy of -
  • produce it on entry and request
  • produce ID if not in uniform
34
Q
A

Snr Sgts CPK: Chapter 2 (4 decks)

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