Release of Persons Arrested - Bail Flashcards
When is it permissible to compromise article 5 of the European Court of Human Rights
PLAN
Proportionate
Legal
Accountable
Necessary
What should happen as a default to an arrested person.
They should be released without bail (under investigation ) unless the following is neccesary
Need to ensure surrender
Need to ensure that they do not commit further offences
Need to ensure that they do not interfere with witnesses
For persons aged 18 an over - own protection
For persons under 18 - protection of own interests.
What can not be attached conditions for street bail
Surety, security, residence at a bail hostel and recognizance
Where can a person be street bailed
Anywhere other than a Police Station
When can street bail be used
Any offence
When can a person be released on street bail
At any time prior to their arrival at a Police Station
When will the bail end date be from the street bail
The ABP (Agreed bail period) will be the last day of the period of 28 days beginning on the date of arrest.
28 days after the date of arrest.
When if at all is the ABP suspended
When a person goes to hospital as an in patient the bail clock freeze
Who can vary the street bail on request
Designated Police Station - Custody officer
Non -Designated Police Station
1. officer not involved in the case
2. officer involved in the case but not the officer granting bail
3. the officer granting bail
What happens if the person granting street bail refuses the conditions
Then the person can apply to the Magistrates court
Can you arrest for breaching street bail
Yes, however the person must wait until they have breached a condition of the street bail - this is a reactive power.
What must the conjecture be for someone failing to answer street bail; suspect, belief, know?
The officer must know they have failed to answer bail
What must the conjecture be for breaching a condition of street bail
Suspect
In relation to bail following arrest; who should authorise bail
If there is not sufficient evidence for a charge - Inspector
IF there is sufficient evidence to charge but it requires authorisation from the DPP - custody officer.
What are the two tests to displace the necessity to release under investigation.
An officer of the rank of inspector must have authorised bail - after considering representations from the detainee and their legal representative.
The custody officer must be satisfied it is necessary nd proportionate
What is the duration of the initial applicable bail period ABP
Police case inspector can authorise 28 days.
Financial conduct - the Superintendent can confirm and inspector to authorise 28 days.
Serious fraud Superintendent can review and authorise an inspector to authorise 3 months.
What condition cannot be given to pre charge bail
The condition to stay at a bail hostel.
Who can extend the ABP
A superintendent
How long can the Superintendent authorise bail for
3 months from the date after the arrest.
How can you extend the Superintendents ABP
The constable to make a written application to the Magistrates court - at least 5 working days prior to the expiry of the current ABP
What happens if the court can not hear it prior to the expiration date due to a court backlog
then the ABP will be extended until the court can hear it.
How long with the Magistrates court give
They will normally impose 3 monthly increments. Unless it the Police investigation cannot reach a charging decision within that time - in which case they can grant 6 monthly increments.
What is a designated case when it comes to bail
This is an extremely complex case - a Decision made by the CPs and the Police.
What is different about a designated case
The Assistant Chief Constable can grant a third ABP after the Superintendent taking the case to 6 months.
What happens when the file is sent to CPS
Tha bail clock is suspended
What happens if the CPS ask for further things to be completed
The bail clock is re-activated.
