Custody, bail, prosecution guidelines and TASER Flashcards
S.7 says a defendant is bailable as of right when
- Charged with an offence not punishable by imprisonment
- Charged with an offence less than 3yrs imprisonment, unless 194 or 194A
- Not bailable as of right when previously convicted of an offence punishable by imprisonment or death
What risks must the court take into account under S.8(1)
- The defendant may fail to appear
- The defendant may interfere with witnesses or evidence
- The defendant may offend while on bail
- Over 17 years old
What are the conditions of S.12(1)(a)
- Charged with 3yrs or more offence
- At time of offence was remanded at large or on bail for offence of 3yrs or more
- Previously received a sentence of imprisonment
What are the conditions of S.12(1)(b)
- Over 17 years old
- Charged with 3yrs or more offence
- Previously 14 or more terms of imprisonment
- Previously convicted of an offence committed while the defendant was on bail and that carries a maximum sentence of 3 years or more
Under S.36 of the Policing Act when can an intoxicated person be detained
- In a public place or trespassing on private property
- Incapable of protecting themselves from physical harm
- likely to cause physical harm to someone else
- likely to cause significant damage to property
When must a person detained under S.36 of the Policing Act be released
- As soon as the cease to be intoxicated
2. Must not be detained longer than 12hrs unless a health practitioner recommends it
What is the evidential test
A reasonable prospect of conviction exists if, in relation to an identifiable person, there is credible evidence which the prosecution can adduce before a Court and upon which evidence an impartial jury could reasonably be expected to be satisfied beyond reasonable doubt that the individual who is prosecuted has committed a criminal offence
