Police Bail Flashcards
What is a police bail notice?
A police bail notice is taken out by an authorised person to ensure the appearance in court of an offender at an appointed time and place.
Who usually make the decision if the offenders is going to be bailed?
The decision to bail is usually made by the Senior Sergeant in charge of the watch house.
What does it mean when an offender is released on bail?
The prisoner is given their liberties subject to conditions on the Bail Bond and their appearance in court on the specified date and time.
A prisoner is bailable as of right when, the offence is what?:
Not punishable by imprisonment
Punishable by less than 3 years imprisonment (except assault on child/female or breaches of a protection order)
‘Bailable as a right” does not mean that prisoners always have the right to be bailed. In what circumstances will police not bail the offender?
Cat 4 offence - Murder
Breach of Protection Order
These people must appear in court and a judge will decide on bail.
Police can bail a person when?
Arrested without warrant
Charged with a summary offence
Unable to be brought before the court immediately
When police consider it prudent to do so
What are the Duties and Bail Procedures before Bailing Prisoners?
B.A.R.R
What does B.A.R.R stand for?
Complete a Bail Notice and read this to the prisoner, who must then sign the bail notice
Have authority from the watch house Senior Sergeant
Ensure you have the right prisoner
Complete a receipt for property
What are the initial duties / task you must do before you can bail an offender?
C.H.A.F.P.A.N
What does C.H.A.F.P.A.N stand for?
Has the CUSTODY charge sheet been completed and NCO signed it.
HANDWRITING sample obtained on a fingerprint form
AUTHORITY to bail has been obtained from the supervisor
FINGERPRINTS and/or palm prints been obtained
PHOTOGRAPH taken
ADDRESS details have been verified so they can be located
NOT wanted check been completed
What long can police bail be without conditions?
14 Day’s
What long can police bail be with conditions?
7 Day’s
What are some of the recommended police bail conditions?
The court location and time and date the person must attend Residential Curfew Reporting Prohibited area Driving Alcohol Drugs Violence Non-association Surrender Passport
What happens when bail conditions are breached?
The person will be arrested and must appear in court to reconsider further bail conditions.
No new Charge is laid.
What will happen if the offender fails to appear on the date specified for court?
It is an offence for failing to answer police or court bail.
The person will be arrested and a new charge of Failing to Answer Police OR Court Bail is laid.
