Custody and Bail Proceedings

Question 1

When is a person bailable as of right?

Answer 1

When the offence is not punishable by imprisonment OR when the offence is punishable by less than 3 years imprisonment.

Question 2

When do the police have authority to bail prisoners?

Answer 2

When the person is CHARGED (not arrested for) a Summary Offences Act offence, when the person is arrested without warrant, when the person cannot be brought before the court immediately, or when the police consider it prudent to do so.

Question 3

When do police not have the authority to bail prisoners?

Answer 3

Category 4 offences, or when an enactment states so (breach of protection order).

Question 4

What are the “bail procedures” that you must complete before you bail a prisoner? (BARR)

Answer 4

Bail bond
Authority from watch house keeper
Right prisoner
Receipt for property

Question 5

What are the “initial duties” that must be completed before a prisoner is bailed? (CHAFPAN)

Answer 5

Custody charge sheet
Handwriting
Address and other details
Fingerprints 
Photograph
Authority to bail
'Not-wanted' check

Question 6

What is the acronym for articles that should be removed from prisoners when searching? (85, 88, 11, 13)

Answer 6

DICES:
Damage
Injury
Corroborative evidence
Escape
Safe custody

Question 7

How long can a prisoner be bailed for on POLICE bail with NO conditions?

Answer 7

14 days

Question 8

How long can a prisoner be bailed for on POLICE bail WITH conditions?

Answer 8

7 days

Question 9

What are some examples of conditions that can be imposed with POLICE bail?

Answer 9

Residential, curfew, reporting, alcohol, drugs, etc

Question 10

What are the consequences of failing to answer police or court bail? (Failing to appear)

Answer 10

Arrest and charge.

Question 11

What are the consequences of breaching police or court bail? (Abscond/fail to comply with conditions)

Answer 11

Arrest, but not chargeable.

Question 12

What is the maximum timespan between when you summons someone and when they appear in court?

Answer 12

Not exceeding 2 months.

Question 13

Can a person have conditions placed on them when they have been summonsed?

Answer 13

No.

Question 14

When would police oppose COURT bail?

Answer 14

When a person has been arrested for violence and threatens to continue that violence.

Property that is the subject of the search has not been recovered and there are fears the prisoner will dispose of it.

Fears that witnesses/evidence will be harassed/interfered with

Prisoner is transient/you do not believe they will appear on court

Prisoner is likely to commit offences while on POLICE bail.

Question 15

In which cases would the prosecution inform the court of the victims views on the offender getting bail?

Answer 15

Sexual violation, serious assault, any case where victim has ongoing fears for their own/family’s safety.

Question 16

When, after commencing criminal proceedings, must mandatory information disclosure occur?

Answer 16

As soon as practicable, but no longer than 21 days.

Question 17

When, after commencing criminal proceedings, must further initial disclosure occur?

Answer 17

When requested by the defendant, as soon as practicable, but preferably 14 days prior to the next substantive hearing.

Question 18

When after commencing criminal proceedings must additional disclosure occur?

Answer 18

Following defendants request, as soon as practicable, preferably 14 days prior to next substantive hearing

Question 19

When after commencing criminal proceedings, police come across new information, when must they disclose it?

Answer 19

As soon as reasonably practicable

Question 20

What documents are disclosed during the disclosure process?

Answer 20

Notebook, statements, job sheets, DVD/video recordings, photos. NOT 258/OR.