Custody, Bail, Prosecution

Question 1

Defendant is bailable by right if charged with an offence…

Answer 1

NOT punishable by imprisonment

Less than 3 years unless s194 & 194A

Question 2

Defendant is NOT bailable by right if

Answer 2

Previously convicted of offence punishable by death / life

subject 9-17

Question 3

Family violence and bail primary consideration

Answer 3

Need to protect the victim

Any person in a family relationship with the victim

Question 4

Bail act - serious property offence defined

Answer 4

Means an offence against Part 10 of the crimes Act

Punishable by more than 7 years

Question 5

Who grant Police bail

Answer 5

Any police employee

Question 6

Police bail & family harm offence, primary consideration is…

Answer 6

the need to protect
The victim of the alleged offence
And
Any particular person or people in a family relationship with the victim

Question 7

Police bail attendance at court

Answer 7

Not later than 14 days from date of notice

Question 8

21B timeframe for court attendance when on police bail with additional conditions of bail

Answer 8

Attendance less than 7 days from date of notice or longer if court closed for more than 7 consecutive days after date of arrest

Question 9

Bail & breach of protection order

Answer 9

Must not be released on bail during the immediate 24 hrs following arrest

Question 10

When Executing an arrest warrant what must you have & do

Answer 10

Must have copy of warrant
Must produce on initial entry and if requested.
If not in uniform produce evidence that a constable

Question 11

Manner of taking identifying particulars

Answer 11

Constable at police station or police purpose
Must take in reasonable manner
Only use reasonable force

Question 12

Fails to comply with direction to provide identifying particulars

Answer 12

AFTER CAUTIONED
fails to comply with direction
Commits offence

Question 13

Identifying particulars means

Answer 13

Biographical details
name address dob
Photograph / visual image
Fingerprint /footprint / palm print

Question 14

Summons not at police station - Identifying particulars

Answer 14

Detain person at place to
Take Identifying particulars
AND
Only for period necessary

Question 15

Care & protection of intoxicated people

Public place or trespassing private place

Answer 15

Constable believes
Incapable of protecting self
Likely to cause physical harm
Likely to cause significant damage
AND
Satisfied not practical to
Take person home
Take Pearson to temporary shelter