Release of Persons Arrested - Bail

Question 1

When is it permissible to compromise article 5 of the European Court of Human Rights

Answer 1

PLAN

Proportionate
Legal
Accountable
Necessary

Question 2

What should happen as a default to an arrested person.

Answer 2

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.

Question 3

What can not be attached conditions for street bail

Answer 3

Surety, security, residence at a bail hostel and recognizance

Question 4

Where can a person be street bailed

Answer 4

Anywhere other than a Police Station

Question 5

When can street bail be used

Answer 5

Any offence

Question 6

When can a person be released on street bail

Answer 6

At any time prior to their arrival at a Police Station

Question 7

When will the bail end date be from the street bail

Answer 7

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.

Question 8

When if at all is the ABP suspended

Answer 8

When a person goes to hospital as an in patient the bail clock freeze

Question 9

Who can vary the street bail on request

Answer 9

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

Question 10

What happens if the person granting street bail refuses the conditions

Answer 10

Then the person can apply to the Magistrates court

Question 11

Can you arrest for breaching street bail

Answer 11

Yes, however the person must wait until they have breached a condition of the street bail - this is a reactive power.

Question 12

What must the conjecture be for someone failing to answer street bail; suspect, belief, know?

Answer 12

The officer must know they have failed to answer bail

Question 13

What must the conjecture be for breaching a condition of street bail

Answer 13

Suspect

Question 14

In relation to bail following arrest; who should authorise bail

Answer 14

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.

Question 15

What are the two tests to displace the necessity to release under investigation.

Answer 15

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

Question 16

What is the duration of the initial applicable bail period ABP

Answer 16

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.

Question 17

What condition cannot be given to pre charge bail

Answer 17

The condition to stay at a bail hostel.

Question 18

Who can extend the ABP

Answer 18

A superintendent

Question 19

How long can the Superintendent authorise bail for

Answer 19

3 months from the date after the arrest.

Question 20

How can you extend the Superintendents ABP

Answer 20

The constable to make a written application to the Magistrates court - at least 5 working days prior to the expiry of the current ABP

Question 21

What happens if the court can not hear it prior to the expiration date due to a court backlog

Answer 21

then the ABP will be extended until the court can hear it.

Question 22

How long with the Magistrates court give

Answer 22

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.

Question 23

What is a designated case when it comes to bail

Answer 23

This is an extremely complex case - a Decision made by the CPs and the Police.

Question 24

What is different about a designated case

Answer 24

The Assistant Chief Constable can grant a third ABP after the Superintendent taking the case to 6 months.

Question 25

What happens when the file is sent to CPS

Answer 25

Tha bail clock is suspended

Question 26

What happens if the CPS ask for further things to be completed

Answer 26

The bail clock is re-activated.