Bail & ID Flashcards
After taking into consideration any representations by the arrested person who authorises the street bail ?
Inspector or above.
Can someone be bailed back to any police station?
Yes. Doesn’t have to be the arresting officers station or even in that force.
When is the bail end date?
28 days after the day of arrest.
How many days after arrest would the inspector authorise ABP in regards to bail ?
28 days after.
Who can extend the ABP ?
A SUPER or above.
What is the full duration of the detention of an ABP ?
Three months from the day after arrest.
Can more than one person act as a surety for bail ?
Yes.
Where can a person be street bailed from ?
Anywhere - other than a police station.
What categories of offences can street bail be issued for?
Any.
When can a person be released on street bail ?
At ANY TIME prior to their arrival at a police station.
When a constable releases a person without bail or on street bail must they give the person a notice in writing and when ?
Yes, must be before their release.
An application to alter bail conditions can be made to who? (Designated and non designated)
Made to the relevant officer. Custody officer (if designated) Constable not involved, alternative constable who didn't grant the street bail, Last resort - constable who granted street bail.
What options are available to the relevant officer in regards to the conditions?
Rescind conditions.
Vary conditions.
Impose further conditions.
Detainee of bail can lodge an application with who?
The magistrates court
if a suspect fails to answer their street bail the officer must KNOW this and can arrest without warrant.
If a suspect breaks their bail conditions can the officer arrest without warrant?
Yes if they have reasonable grounds for suspecting that the suspect has broken their bail conditions.
Who can extend the ABP - application bail period?
SUPT or above.
How long can the ABP be extended for?
The ABP will run for 3 months from the day after arrest.
Is there a limit to the amount of mags hearings for ABP extensions ?
No.
Once a suspect file is sent to the DPP for a charging decision the ABP is suspended. Does the presumption to RUI apply ?
No. It does not apply.
As a security for bail, is money/credit cards/ foreign currency accepted?
Foreign currency is acceptable. Debit/credit cards not suitable.
Bail must be refused to a defendant who has been charged with what 2 offences?
Homicide or penetrative sexual offence or previous for either of these. HP offences and previous convictions must be from the UK or other EU member state.
A person charged with murder can only be granted bail by who?
Crown court judge.
If WALLACE comes into to answer live link bail. Can he be searched ?
Only if a constable reasonable believes that a thing in his possession ought to be seized be retained because it may jeopardise the maintenance of order at the police station.
Is the following statement true or false? When the accused fails to surrender to custody the surety will generally forfeit their recognisance unless they took all reasonable steps to secure the accused’s attendance…
True.