Police Bail & Summons

Question 0

How do you complete a notice of police bail?

Answer 0

Part of NIA custody suite- prisoner must sign

• must include- prisoners full name, addy, occ
• offence for which they are charged

Question 1

When can police bail a prisoner?

Answer 1

When:

• prisoner is charged with any offence
• arrested without warrant
• person cannot be brought through court immediately
• police consider it prudent to do so
• other bail act provisions don’t apply

Question 2

What must be done before bailing a prisoner?

Answer 2

B- bail form completed and read to prisoner, who must then sign it

A- authority from the O/C of custody suite

R- right prisoner?

R- receipt for property completed

Question 3

What duties need to be completed before bailing?

Answer 3

C- custody charge sheet completed correctly

A- address & other details of prisoner verified so they can be located

F- finger prints/palm prints obtained

P- photograph has been taken

E- eligibility for bail has been ascertained

A- authority to bail prisoner is obtained from O/C of custody suite

N- not wanted- QP completed in NIA

Question 4

Bail conditions must be?

Answer 4

E- enforceable
R- relevant
R- reasonable

Question 5

Within what time can you bail a prisoner to appear in court?

Answer 5

Without conditions= no later than 14 days

With conditions= less than 7 days

Question 6

When can a defendant released on bail be arrested??

Answer 6

• has absconded/about to abscond for the purpose of evading justice
• contravened/failed to comply with any bail condition

Question 7

What are the consequences of breaching bail?

Answer 7

No penalty and no charging

• court will reconsider bail & conditions on original charges

Question 8

What is the consequence of failing to answer police bail?

Answer 8

Defendant commits offence and is charged

-court will issue warrant to arrest

Question 9

What is a summons?

Answer 9

An alternative way of releasing a prisoner

- instruction given to attend court at an appointed time/place

Question 10

When can a person be summonsed?

Answer 10

• whether or not they have been arrested without warrant

- to a date up to 2 months in the future

Question 11

How can a summons be served?

Answer 11

• leaving it with the person

- leaving it with a family member residing at same address (18+)