SU04 Police Bail and Summons Flashcards
What is the maximum length of time between a summons being issued and the first court appearance date?
Up to two months
Process for someone arrested on warrant
Warrant out for arrest issued by Judge (missing court)
- defendant is located
- arrested
- held in custody and
- taken directly to Court as soon as practicable on the original charge
Process for someone breaching bail conditions
May arrest without warrant
- defendant is located after a breach
- arrested
- held in custody
- taken to court as soon as practicable
How to serve summons to defendant
- Leave with person being served
- Left with family member living at same address and appears over 18
What are bail conditions and what are the consequences if they are broken?
Prevention measure to reduce likelihood of re-offending and re-victimisation
Must be relevant, reasonable, enforceable
- No penalty
- Can arrest without warrant
- Court reconsiders bail option
Differences between Police bail and Court Bail
Police bail issued by Police. Aim to deliver to first court appearance
Court bail imposed by Judge following delivery from Police. Offender MUST comply
What are the 6 possible actions when dealing with Offenders?
- No action
- Warning
- TPO
- Diversion
- Restorative Justice
- Charge