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.
For a youth to be detained in police custody they have to be over what age ?
12 and over.
Under what circumstances can a custody officer decide not to transfer a 12-7 year old to secure local authority acclimation?
When the custody officer certifies it is impracticable for him to do so or that no secure accommodation is available and local authority accommodation would be inadequate to protect the child or public from serious harm.
Can a witness listen to an audio recording to refresh their memory before giving evidence in court ?
No. They can’t look at any moving pics or videos or audio recordings. ( can listen to police tape, they can listen to tape recordings )
When must a first description be obtained from a witness before they are taken to a particular neighbourhood or place to see whether they can identify the person they saw?
Where it is practicable to do so.
Can a sample of non-pubic hair be taken from a person held in custody under the authorisation of a court without their consent and by force if necessary ?
Yes provided an officer of rank inspector or above provides their authorisation.
If it is necessary a constable will be permitted to ask the witness to look at either ??
A group OR in a particular direction.
What rank of officer will conduct the identification procedure ?
Sergeant or above must be responsible for the showing and directing of photographs.
(The actual showing can be done by police staff)
How many photographs should be shown for ID procedure ?
No less than 12.
Must the viewing of photographs be postponed until the first description has been recorded by the witness ?
Yes.
Who may perform the role of identification officer ?
General rule - inspector or above (not involved)
Exception - custody officer or other officer not involved if inspector not available and waiting would cause unreasonable delay to the investigation.
Is the taking of nostril or ear hair intimate samples ?
No. If it was a swab then it would be. But as its non pubic hair it isn’t.
Can you use force to take an intimate sample ?
No.
If a suspect is under 14, can they consent to an intimate sample being taken ?
No only their parent or guardian can.
Aged 14-16 who needs to give consent for an intimate sample to be taken ?
Both the suspect and their parent/guardian.
As long as the suspect consents to an intimate sample being taken, an inspector or above can authorise this as long as they have…..
Reasonable grounds to BELIVE that the intimate sample will tend to either confirm or disprove their involvement.
for a mentally vulnerable person to give consent for an intimate sample to be taken who needs to give consent ?
Themselves but it must be given in the PRESENCE of the appropriate adult.
Taking intimate samples from a person not in police detention can be done as long as the suspect consents in writing, the inspector authorises it AND…..
The person has already given 2 or more non intimate samples which have proved insufficient.
If someone is to attend a police station to have samples taken how many days notice MUST they have ?
At least 7 days. And they MAY be directed to attend at a specified time of day.
(If URGENT, inspector can authorise period shorter than 7 days)
If a detainee refuses to identify themselves OR the authorising officer _________ the person is now who they claim to be reasonable force can be used where necessary.
What is the rank of officer authorising this and is it suspect or believe ??
Inspector or above
SUSPECT.
In regards to concealing or replicating a distinctive feature for a video ID. Its at the discretion of the identification officer to either –
MUST make steps to conceal/replicate the feature OR
MAY make steps to conceal/replicate the feature. Which one ?
MAY.
Do you need consent to take footwear impressions from someone ?
No. Anyone over 10, no consent needed.
For an ID procedure to take place does the witness need to be immediately available ?
Yes. They are immediately available or will be within a reasonable short time and willing to take an effective part in either video ID, ID parade or group ID.
Can you take dental impressions without consent ?
No. This is an intimate sample.
For an inspector to authorise a sample to be taken, must they suspect or believe ?
Must BELIEVE.
Who should determine which ID suspect procedure should be offered to the suspect ?
Both the OIC and the ID officer.
If yo fail to answer live link bail can you be arrested without warrant ?
Yes.
If someone has been bailed, but they haven’t been given a copy of the record, would this be a reasonable cause for the person to abscond and not show for the bail ?
No. This wouldn’t be reasonable.
