Senior Sergeants CPK: Chapter 2 - Bail Act 2000 Flashcards
S7 - A defendant is bailable as of right who is charged with an offences that is not punishable by imprisonment, or maximum punishment is less that 3 years, unless offences is against what 2 offences?
Unless offences is against:
- S194 CA61 - MAF & Assaults child and
- S49 DVA95- BOPO apply.
S8 - What are the consideration for just cause for continued detention MUST the court take into account whether there is a risk the defendant may what? (3)
- fail to appear in court.
- interfere with witnesses or evidence
- offences whilst on bail.
S8 - What are the consideration for just cause for continued detention MAY the court take into account? (8)
- Nature of offences -
- Strength of evidence & probability of a conviction
- Seriousness and Severity of the punishment
- Character and past conduct
- History of offending whilst on bail
- Likely length of time before matter comes to court.
- Possible prejudice to the defece
- Other special matters
S10 - Restriction on bail if defendant with previous conviction for specified offences charged with further specified offences applies to a defendant of what age?
Of or over the age of 17 years.
S10 - Give 4 examples of a SPECIFIED OFFENCES
S128B - Sexual Violation S132 - Sexual conduct with Child <12 S167 - Murder S171 - Manslaugther S188 - Wounding with Intent S234 - Agg Robbery S232 - Agg Burglary
S10 - No defendant may be granted bail or allowed to go at large except by order of who?
- High Court Judge or a District Court Judge
What is the REVERSE BURDEN OF PROOF?
Defendant can be subject to ‘reverse burden of proof” in bail decision where the defendant has to prove that he or she should be released on bail rather than the prosecutor proving that the defendant should not be released on bail.
S12 - Further restriction on bail in certain cases, the defendant must satisfy the Judge on the balances of probabilities that he will not while on bail or at large commit what? (2)
- violence against or danger to the safety of anyone or
- burglary or any other serious property offence. (more than 7 years serious property offences)
S15 - What must the courts think when granting of bail to defendant who is 17 years of age? (2)
- is 17 years of age and
- not previously been sentence to imprisonment
S16 - Judge only may grant bail for drug dealing offences by order of who?
High Court Judge or District Court Judge
S21A - Notice of Police bail - A Police employee who grants Police bail must ensure that notice of Police bail is completed and what? (3)
- Give notice to defendant
- Ensure defendant understands conditions of bail and
- Ensure defendant authenticates the notice.
S23 - Can a person arrested for BOPO get Police Bail?
No not by Police under S21 during the 24 hours following the arrest.
S35 - A defendant on bail may be arrested WW in certain circumstances when? (2)
- defendant has absconded or is about to to evade justice or
- defendant has contravened or failed to comply with any bail conditions.
(note: if defendant is K9 for above, he cannot be bailed as of right)
S37 - Who can issue a WTA absconding or BOB or fails to answer bail?
A Judicial Officer or Registrar.
S32 - Identifying particulars of person in custody a constable may take their particulars if person in lawful custody is detained for committing an offences and its where? (2 places)
At a police station or at any other place being used for Police purposes
S33 - Identifying particulars for summons a constable who has good cause to suspect a person of committing an offence and intends to bring proceedings against them by way of summons may detain that person at any place in order to what? (2)
- take their identifying particular and only for the period necessary to take the person identifying particulars.
What are identifying particulars?
Persons:
- Biographical details - name address dob,
- Photograph of visual image
- Finger prints, palm-prints and foot print
Note: Place includes any land building, premises or vehicle.
S36 - A constable who finds a person intoxicated in a public place or while trespassing may detain and take a person into custody if they reasonable believe that the person is what?
- Incapable of protecting himself from physical harm
- Likely to cause physical harm to himself/others
- Likely to cause property damage.
S36 A person detained under S36(1) intoxicated must be released when?
ASAP person ceases to be intoxicated
and
must not be detained longer than 12 hours unless recommended by Health practitioner.
What are the two Test used to decide if a Prosecution is met? (2)
The Evidential Test
and
The Public Interest Test.
Explain what the Evidential Test is:
Evidence which can be adduced in Court is sufficient to provide a reasonable prospect of conviction.
Explain what the Public Interest Test is:
The presumption that public interest requires a prosecution eg: serious nature of the case
Which TEST must be satisfied first?
The Evidential Test
What are the 6 elements that satisfy the conditions of the Evidential Test?
- Identifiable Individual
- Credible Evidence
- Evidence which the prosecution can adduce
- Could reasonable be expected to be satisfied
- Beyond reasonable doubt
- Commission of a Criminal Offence.
Explain Identifiable Individual?
Evidence sufficiently identifies person responsible
Explain Credible Evidence?
Evidence which is capable of belief.
Explain Evidence which the prosecution can adduce?
Evidence which is or reliably will be available and legal admissible.
Explain could reasonable be expected to be satisfied?
Objectively reasonable prospect of a conviction on the evidence.
Explain Beyond Reasonable Doubt?
Capable of reaching the HIGH STANDARD OF PROOF required by criminal law.
Explain - Commission of a criminal offences
Identify what offences may have been committed and consider the evidence against each element making up that offences.
