CH 2 - Bail

Question 1

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.”

Answer 1

14 days

Question 2

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?

Answer 2

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

Question 3

s.10 of the Bail Act 2000 relates to ‘Restriction on Bail’ in regards to ‘specified offences.’ Who do these restrictions apply to? (2)

Answer 3

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

Question 4

s.10 & s.12 both refer to ‘Restriction on bail’:

If a 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?

Answer 4

Only A High Court or District Court Judge.

Question 5

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)

Answer 5

commit any offence involving: violence against or… danger to the safety of, another person.

Question 6

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)

Answer 6

Protect the safety of:

• Public
• Victim(s)

Question 7

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)

• Age
• CA >3
• B CA >3
• Pre Pr

Answer 7

• Over 17 years
• Crime Act 1961 offence (>3 years)
• On bail or at large for another Crimes Act offence >3 years
• Previously received a sentence of imprisonment

Question 8

s.12(1)(b) BA2000, deals with further restriction on bail in certain cases. What 5 circumstances must exist under (b) for this to apply to a defendant? (5)

Clue:

• Age>
• CA>3
• 14
• P C >3
• Com Bai

Answer 8

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

Question 9

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?

Clue: Commit any offence involving:(4)

Answer 9

• Violence
• danger to the safety of, any other person. OR
• Burglary
• Other serious property offence.

Question 10

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

Answer 10

• Part 10 of the Crimes Act 1961
• >7 years imprisonment

Question 11

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

Answer 11

Yes.

Question 12

s.15 BA2000, Granting of bail to a 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… (3)

Clue: age/previous

Answer 12

• Appears 17 years of age
• Under 17 years charged with/convicted of any offence in a District Court or High Court
• No previous imprisonment

Question 13

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

Clue: who can grant bail?

Answer 13

Defendant can only be granted bail by

• High Court or
• District Court Judge.

Question 14

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

Answer 14

Despite s.7, NO person is entitled to be granted Police bail under this section ‘as of right’.

Question 15

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

Answer 15

The need to protect the victim.

Question 16

According to s.21 BA2000:

• who within police can grant bail?
• when can they grant bail?
• who can they grant bail to?

Answer 16

• Any police employee
• When prudent to do so
• Anyone charged with a offence & arrested without warrant

Question 17

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

Answer 17

• given defendant notice
• understands notice (defendant)
• authenticates notice

Question 18

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

Answer 18

• Name & address
• The charge
• Conditions (court appearance details)
• Other information (as per rules s.386 CPA 2011)
• Dated

Question 19

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

Answer 19

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

Question 20

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)

clue: court times (2)

Answer 20

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

Question 21

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.

Answer 21

24 hours immediately following the arrest.

Question 22

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 (2 points)

Answer 22

• Bring them before a court as soon as possible
• if no court available, may be released on bail after the 24 hour period

Question 23

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…

Answer 23

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

Question 24

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

Answer 24

• Has absconded or about to abscond to evade justice
• Contravened/failed to comply with any condition of bail.

Question 25

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 _________ ___ ________ __ ____.

Answer 25

MUST…reconsider the question of bail.

Question 26

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)

Answer 26

• About to or absconded (evade justice)
• Contravened/any condition of bail
• Does not attend personally at time/place as per Notice of bail
• Does not attend personally any time/place adjourned.

Question 27

s.37(4) BA2000: What does a WTA issued under this section allow a constable to do? If RG2B defendant is on those premises……….. (2points)

Answer 27

• Enter any premises
• By force if necessary

Question 28

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

• District Court
• High Court
• Court of Appeal/Supreme Court

Answer 28

• Judicial officer or Registrar of District Court
• Judge or Registrar of High Court
• Judge or Registrar of High Court (for Court of Appeal & Supreme Court)

Question 29

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

Answer 29

• Have WTA or copy of
• Produce it on entry and request
• Produce ID if not in uniform

Question 30

s.7 BA2000: When is a defendant bailable as of right? (1 points)

Unless

When is the defendant not bailable by right (3 points)

Answer 30

• When charged with offence not punishable by imprisonment Offence <3yrs unless
• Assault on child
• Male assaults female
• Breach of PO s.49 Domestic Violence Act

Question 31

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?

Answer 31

TRUE

Question 32

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 do what… (3)

Answer 32

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

Question 33

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:

Clue: SoO,SoP,SoE, C, HoB, TBH, Pr, Sp

Answer 33

• 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

Question 34

A specified offence means any offence against any of the following provisions of the Crimes Act 1961:- ?

Think big!

Answer 34

• sexual violation
• sexual conduct with child under 12
• sexual conduct with young person under 16
• murder
• manslaughter
• attempt to murder
• wounding with intent
• injuring with intent
• aggravated wounding or injury
• using any firearm against law enforcement officer, etc
• commission of crime with firearm
• abduction for purposes of marriage or sexual connection
• kidnapping
• aggravated burglary
• robbery
• aggravated robbery
• assault with intent to rob