Chapter 2: Custody, Bail, Prosecution Guidelines and Taser

Question 1

Section 7 (Bail Act 2000)

Answer 1

Ruling as to granting bail.

Defendant is bailable as of right

Question 2

Section 8 (Bail Act 2000)

Answer 2

Consideration of just cause for continued detention
- fail to appear
- interference with witness or evidence
- offend on bail
Consider: nature of offence, strength of evidence, punishment, character and behaviour, history, vicitm, Family harm etc

Question 3

Section 10 (Bail Act 2000)

Answer 3

Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence
17 - in high court or district court
18 or over
Murder, sexual assault, injuries with intent etc
** reverse burden of proof- defendant has to prove that he/she should be released on bail

Question 4

Section 12 (Bail Act 2000)

Answer 4

Further restriction on bail in certain cases
18 or over
- Charged with an offence which carries a max 3 or more year imprisonment
- Remanded at large at the time of the offence
- received a sentence of imprisonment
Public safety. Victims

Question 5

Section 15 (Bail Act 2000)

Answer 5

Granting of bail to defendant who is 18 years or younger

18 or younger and no previous sentences of imprisonment

Question 6

Section 16 (Bail Act 2000)

Answer 6

Judge only may grant bail for drug dealing offence

Question 7

Section 21 (Bail Act 2000)

Answer 7

Police employee may grant bail

need to consider victim with Family Harm

Question 8

Section 21A (Bail Act 2000)

Answer 8

Notice of police bail
-Defendants name and address
- Particulars of charge
- Conditions of bail (time date and place for attendance in court)
- Dated
Police must give notice of Police Bail to D. Ensure they understand and signs.
(court no later then 14 days)

Question 9

Section 21B (Bail Act 2000)

Answer 9

Conditions of Police Bail

Defendant must attend personally before a court at the time , date and place specified in the notice of bail

Question 10

Section 22 (Bail Act 2000)

Answer 10

Conditions of Police bail granted to defendant charged with Family violence offence.
Any conditions to protect the victim and/or persons residing with the victim

Question 11

Section 23 (Bail Act 2000)

Answer 11

Bail and breach of protection order

Court within 24hrs or immediately after arrest

Question 12

Section 35 (Bail Act 2000)

Answer 12

Defendant on bail may be arrested without warrant in certain circumstances

• absconded
• contravened or fail to comply with conditinsd on bail

Question 13

Section 37 (Bail Act 2000)

Answer 13

Issue of warrant to arrest defendant absconding or breaching bail condition or who fail to answer bail
- Anytime, enter, force, Reasonable grounds to believe the defendant is there.
Carry a copy and produce

Question 14

Case: R v BRYANT

Answer 14

Masturbating in public - interview on two occasions
Bailable as of right
OTB done - judge refused bail and Defendant appealed
Section 21 bail act apply - dismissed

Question 15

Section 32 (Policing Act 2008)

Answer 15

Identifying particulars of a person in custody

Question 16

Section 33 (Policing Act 2008)

Answer 16

Identifying particulars for summons

Question 17

Section 36 (Policing Act 2008)

Answer 17

Care and Protection of 1K PP or trespassing on PP

• Incapable of protecting themself
• Likely to cause harm tot another person
• Significant damage to property

Place of residence or temp shelter
12hrs

Question 18

Test to prosecute

Answer 18

Evidential Test and Public interest

Question 19

Evidential Test

Answer 19

• Identifiable individual
• Credible evidence
• Evidence reliable
• Reasonable prospect to convic
• Beyond reasonable doubt
• Commission of a criminal offence

Question 20

Public interest

Answer 20

Seriousness of the offence

- Violence, offence likely to continue, previous convictions, pre-mediated, vicitm etc

Question 21

Taser

Answer 21

Consult
Aftercare
Scene
Ensure medical doc
complete instance of taser on register
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