Bail & summons Flashcards

1
Q

Prisoners rights in custody

A
S-solicitor
C-correspondence pen/paper
A-advise next of kin
M- medical aid
P- proper care and treatment
S- statutory requirements
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2
Q

Bailable as of right

A

The offence is not punishable by imprisonment or less than 3yrs imprisonment.

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3
Q

Police bail

A

When the person is arrested without warrant.

Cannot be brought before the court immediately.

Police consider it prudent to do so.

Charged with an offence which can be proceeded against summarily.

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4
Q

Court bail

A

Purely indictable offence: possession of a class A drug for supply.

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5
Q

Duties before bailing

A

Bail bonds signed
Authority to bail from sergeant
Right prisoner
Receipt for property

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6
Q

initial duties

A
Custody sheet
Handwriting sample
Address verified
Fingerprints/palm prints
Photo
Authority from watch house set
No WTA's
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7
Q

Bail conditions need to be:

A

Relevant
Reasonable
Enforceable

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8
Q

Police bail without conditions

A

14 days

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9
Q

Police bail with conditions

A

7 days

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10
Q

Summons time

A

Up to 2 months

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11
Q

S.10 Bailable only by district/ high court

A

Charged with specified offence eg. Murder/attempted, injuring with intent, use of firearm against police, sexual violation
&…
Has had 1 or more convictions for specified offence.

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12
Q

S.12. Bailable only by district/high court

A
3yrs + offence 
& 
At the time on bail for offence 3yrs+
&
Has been in custody full time
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13
Q

12(1)(b) Bailable only by high court/district

A

3yrs+ offence….
Has had 14 or more custodial sentences….
Convicted of an offence 3yrs+ while on bail.

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14
Q

Arrest without warrant

A

RGTB…
Defendant has absconded or is about to abscond for the purpose of evading justice.
Or
Has contravened or failed to comply with any condition of bail.

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15
Q

Summons

A

No conditions made in triplicate.

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16
Q

Statement of service

A

A copy of this document was served by me on the within named…., personally at porirua at 4:45pm on the 6th day if February 2014. Signed

17
Q

Serving summons

A

Can be left with a person to be served or..
Can be given to a family member over 18…
If not accepted can be put down and brought to their notice.

18
Q

Section 24 failing to answer

A

It’s an offence to fail to answer police bail. Arrest without warrant!