Custody, Bail & Prosecution Flashcards
What are the rules for granting bail?
- No term of imprisonment, eligible for bail
- Under 3 years, eligible for bail
- Charged with a term of imprisonment with a previous is not eligible as of right.
- If not bailed, the court MUST bail unless satisfied just cause for detention.
- s194 not bailiable as of right
What constitues just cause for detention?
Offend on bail, interfere with witnesses or exh, FTA, any other just casue
Court may consider, nature of offending, QHA, probability of conviction, punishment, history of court orders, time, prejudicial effect, any other matters. s29 VRA paramount consideration, MUST not consider whether def has made a stx or not, MAY consider assistance of defendant.
Section 12 reverse burden of proof relates to ?
onus on the defendant to prove to the court on the balance of probabilities that he/she will not offend, be violent, burgle or cause serious property damage while on bail. Serious prop damage relates to offences carrying 7 years or more imprisonment.
Section 16 relates to what?
Bail for drug offences by a High Court judge or District Court judge only
What are the conditions for granting bail?
Any police employee may bail, must be explained, signed, place of court and charge being faced.
What is the timeframe of bail for BOPO?
Must not be bailed in the 24 hours following their arrest
What grounds do police have if they believe a defendant will abscond pursuant to section 35 Bail Act 2000?
If RGB, defendant has breached bail or has, or is likley to evade/abscond then they maybe arrested and bought before the court asap.
What was held in R v Bryant and what were the grounds?
The Court of Appeal and DC held that the detention was lawful and “prudence” requires constables to consider whether a person can be safely released until they become the responsibility of the court-requires whether a constable considers it safe to release…application to appeal granted but appeal dismissed.
What legal power do police have in relation to dealing with defendants who will be dealt with by way of summons?
Section 33 allows police to take identifying particulars from a person with good cause to to suspect that an offence has been committed, their name, add, dob, 4F, palm prints, and foot prints. RGS is the standard of proof
What can police do with people people who require care and protection of intoxicated people?
If a person is intoxicated in a PP or trespassing on private premesis, they may be detained if RGB incapable of protecting phys harm or harm to another person or damage to property, not reasonably practicable to provide CP at home or temp shelter-take into custody.
Must be released as soon as they cease to be intoxicated, 12 hours or if a health practitioner…section 31 Crimes Act as if a power of arrest
What are the conditions for the Test for Prosecution?
Evidential and public interest tests to establish whether a prosecution should be initiated.
What is the Evidential Test for prosecution?
Reasonable prospect of conviction, indentity, commission of a crime, credible evidence
[RICC]
What is the Public Interest test?
It is an assessment as to whether the prosecution is required in a Public Interest, if there is a criminal law that has been broken, then there is Public Interest in prosecuting it.
It is then up to the prosecutor whether or not this is supported by the circumstances of the offending.
What are the 6 elements that satisfy the conditions of the Evidential Test?
- Identifiable individual
- Credible Evidence
- What can be adduced
- Likely satisfy
- Beyond Reasonable Doubt
- Commission of a criminal offence
What is credible evidence?
Evidence capable of belief that can be presented in court.
