Bail & summons

Question 1

Prisoners rights in custody

Answer 1

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

Question 2

Bailable as of right

Answer 2

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

Question 3

Police bail

Answer 3

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.

Question 4

Court bail

Answer 4

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

Question 5

Duties before bailing

Answer 5

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

Question 6

initial duties

Answer 6

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

Question 7

Bail conditions need to be:

Answer 7

Relevant
Reasonable
Enforceable

Question 8

Police bail without conditions

Answer 8

14 days

Question 9

Police bail with conditions

Answer 9

7 days

Question 10

Summons time

Answer 10

Up to 2 months

Question 11

S.10 Bailable only by district/ high court

Answer 11

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.

Question 12

S.12. Bailable only by district/high court

Answer 12

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

Question 13

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

Answer 13

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

Question 14

Arrest without warrant

Answer 14

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.

Question 15

Summons

Answer 15

No conditions made in triplicate.

Question 16

Statement of service

Answer 16

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

Question 17

Serving summons

Answer 17

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.

Question 18

Section 24 failing to answer

Answer 18

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