Guiding Principles Flashcards
1
Q
Outline some of the guiding principles for
s.1B Bail Act 1977
A
(1) Parliament recognises
- Maximising safety of community and persons affected by crime
- Taking into account presumption of innocence and right to liberty
- Promoting fairness, transparency and consistency in bail decision making
- Promoting public understanding of bail practices
2
Q
What is a Bail Decision Maker
(BDM)
A
- Court
- BJ
- PO > Sgt or time being in charge of Police Station
- Sheriff or person authorised under
- s115 (5) Fines Reform Act 2014
3
Q
Under definitions of BA 1977
what is a prosecutor
A
- Police Pros
- Informant
- person appearing on behalf of the Crown (police lawyer)
4
Q
Outline
s10(1) BA 1977
A
- Section applies if not practicable for the arrested person to be brought before Court - immediately after person is taken into custody or
- expiration of reasonable time referred to in s464A (1) of CA 1958
- There is no 24 hr time period
5
Q
Outline
s10(5) BA 1977
A
Police Power for granting bail
- PO of or > Sgt or
- For the time being in charge of a police station
may grant or refuse bail
