Disposition Of Offenders Flashcards
When assessing the enforcement action to be taken, what is needed in the decision making process?
- determine whether an offence has been committed
- verify the identity of the offender
- ensure there is sufficient admissible evidence
List the enforcement options available to police from the least to most severe
Charge & remand
Charge & bail
Charge & summons
Infringement notices
Cautions/offical warnings
In deciding what enforcement action is to be taken, what should be decided when appropriate in the circumstance
- nature, severity and gravity of the offence
- characteristics & circumstances of the offender & victim
- any injury, loss or damage resulting from the offence
- appropriateness of the action in light of community expectations, effect of deterrence on the offender and of the community in general
- requirements that apply to the specific enforcement action (eg FV, EBA)
What three enforcement actions are able to be managed at station level
Charge & summons
Charge & bail
Charge & remand
What type of bail is preferred to remanding a person in custody and what must exist?
Use of bail with conditions is preferred to remand.
What is the preferred method of effectively proceeding against a person and what must exists
Summons
- the place where the offence is alleged to have been committed (first consideration), the place of residence of the accused