SU04 Police Bail and Summons Flashcards

1
Q

What are the three ways a defendant will usually find out about a prosecution and charges?

A

Arrest followed by a charging document and taking the defendant directly to court.

Police bail with or without conditions.

Summons to appear by a prosecuting agency.

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2
Q

When is a person deemed charged?

A

When they are first notified of a prosecution.

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3
Q

What is the decision that needs to be made once a person has been arrested and charged?

A

Whether the prisoner should remain in Police custody and be taken to court at the next available time, or be given bail and told to report to the District court at the date and time indicated on the Notice of Police Bail.

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4
Q

Who decides on bail?

A

The officer in charge of the custody unit.

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5
Q

What can you do to assist the custody sergeant on the decision to bail?

A

Report any reasons of why the prisoner should not be bailed.

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6
Q

What is the definition of Bail?

A

A notice of bail taken by an authorised person to ensure the appearance of of an offender at an appointed time and place, as a result of being arrested.

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7
Q

What is the definition of released on bail?

A

The prisoner has been given their liberty subject to the conditions appearing on the notice of bail.

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8
Q

What is the definition of summons?

A

A summons is an instruction given by Police, or the court, to attend court at an appointed time and place.

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9
Q

What are the four circumstances in which the Police have the authority to bail prisoners?

A

When the prisoner is charged with any offence (except murder, treason, espionage or an A/B class drug dealing charge.

When the person is arrested without warrant.

When the person cannot be brought before the court immediately.

When the police consider it prudent to do so.

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10
Q

Can you bail a person arrested with warrant or arrested for breaching bail conidtions?

A

No, they must be held in custody and taken direct to court.

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11
Q

What is court bail?

A

Prisoners who cannot be bailed by Police (or whose bailed has been apposed by Police) must appear in court and apply to a judicial officer for bail.

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12
Q

When thinking of bail conditions, what are the three things to consider?

A

Relevant.
Reasonable
Enforceable

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13
Q

If someone is bailed without conditions and they only have to attend court, how long do they have to attend court?

A

No later than 14 days from the date bail was granted.

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14
Q

if someone is bailed with conditions additional to attending court, when do they have to attend court by?

A

Less than 7 days of the date bail was granted.

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15
Q

What are the eleven main types of bail conditions?

A

Residential

Curfew

Reporting

Prohibited Area

Driving

Alcohol

Drugs

Violence

Non-association

Passport

Miscellaneous

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16
Q

Can you put bail conditions on fine-only offences?

A

No

17
Q

What is the circumstance for bail conditions where diversion has been used?

A

When protecting the victim from further offending.

18
Q

In regards to bail conditions, when can a Police employee arrest a person?

A

If the person on bail has absconded or is about to abscond for the purpose of evading justice.

If the person on bail has contravened or failed to comply with any condition of bail.

19
Q

Can you be charged for breaching bail and if so what is the penalty?

A

No charging documents are filed for breaching bail and there is no penalty.

20
Q

What is the process and punishment for someone who has breached bail conditions?

A

The defendant is located following a breach.

Arrested

held in custody

taken directly to court, where the court will reconsider bail and conditions for the defendant.

21
Q

What is failing to answer Police? and is it an imprisonable offence?

A

Failing to answer Police is a defendant who having been released on bail by a member of the Police, fails, without reasonable excuse, to attend personally, at the time and the court specified in the Notice of Police Bail.

Yes it is a convictable offence punishable by up to $1000 fine and 3 months in prison.

22
Q

Can a person be summonsed if they are arrested with warrant? or without warrant?

A

Both.

23
Q

What is the max time frame for a summons to court?

A

Up to two months in the future.

24
Q

What is the benefit of a summons?

A

Allows Police to gather more evidence.

25
Q

Can bail type conditions be put on a summons?

A

No.

26
Q

Section 33 of the Policing Act 2008 gives police what powers in regards to summons?

A

Power to detain and take:

Name, DOB, address, photograph, fingerprints, palm prints and footprints.

27
Q

Can a summons be used when no arrest has been made?

A

Yes.

28
Q

What is the summons procedure?

A

Sign off from an NCO to summons.

Prepare the summons duplicate.

Ensure the date set down for the hearing is not later than two months after the date on which the summons is issued.

Serve a copy of the summons on the defendant.

Endorse the original summons with a statement of service.

29
Q

How is a summons served?

A

Deliver and leave it with the person to be served or with a family member living at the property, who is 18 or over.

30
Q

What if the defendant refuses to accept the summons?

A

Put it down and bring it to their attention.