Suspects/ Bail And Summons

Question 1

What are four methods of identifying suspects?

Answer 1

1. Visual identity 
A) photo montage
B) Identification parade 
2. Voice identification 
3. Finger, palm and foot prints
4. Forensics

Question 2

Seven requirements for conducting formal identification

Answer 2

1. ASAP after offence reported
2. Compared to 7 others similar in appearance
3. No indication that suspect among people
4. Informed suspect may/may not be among people
5. Written record True and complete completed by officer
6. Pictorial record true and complete by officer and presented in court to judge and defendant
7. Complies with regulations

Question 3

6 reasons for not following formal identification

Answer 3

1. Suspect refuses to take part and no photo held
2. Has singular appearance
3. Has changed their appearance since offence
4. no officer saw identification would be an issue in trial
5. Identification already made soon after offence
6. Identification made through chance meeting

Question 4

What is the max length of time between a summons issued and first court appearance

Answer 4

2 months

Question 5

What is the process when arrested on warrant for breaching bail conditions

Answer 5

Located
Arrested
Held in custody
Taken directly to court ASAP

Question 6

Police bail

Can you bail a person arrested with warrant or breach of bail conditions?

Answer 6

No

Question 7

How many hours must a protection order breach not be released for?

Answer 7

24 hours following arrest

Question 8

What 3 things should the conditions of bail be?

Answer 8

Relevant
Reasonable
Enforceable

Question 9

Why are bail conditions set?

Answer 9

1. Appears in court
2. Doesn’t interfere with witness or evidence
3. Doesn’t commit any offence while on bail

Question 10

Police bail- if has conditions how long does defendant have to attend court?

Answer 10

7 days from the date of release

Or

14 days if only condition is to appear in court

Question 11

What offences can you not put bail conditions on?

Answer 11

Fine only offences

Diversion

Question 12

What is the procedure for issuing a summons?

Answer 12

Leave it with person to be served

Or with a family member living at address older than 18

If person does not accept, it is served by putting it down and bringing it to their notice

Question 13

Bail conditions and consequences of breaching

Answer 13

Issue a warrant to arrest

Locate defendant
Take into custody
Take to court ASAP

Question 14

Standard bail conditions

Answer 14

Residential 
Curfew
Reporting
Prohibited area
Driving
Alcohol
Drugs
Violence
Non association 
Passport
Misc

Question 15

When can a person not be bailed?

Answer 15

• Murder, treason, espionage or drug dealing class A or B
• if arrested with warrant
• breaches conditions of bail

These persons must be held in custody and taken direct to court

Question 16

Process for serving a summons?

Answer 16

Deliver to person being served

Left with family member living at address over 18

If person does not except put it down and bring to attention

Question 17

What are the reasons to arrest?

WEEP

Answer 17

Witness/ victim protection
Ensure appearance at court
Ensure safety of evidence
Prevent further offending

Question 18

Solicitor generals prosecution guidelines in decisions of pre charge warnings

Answer 18

• evidential test (sufficient to prospect of conviction)

- Public interest test

Question 19

Who is eligible for formal warnings?

Answer 19

18 and over

Offence carries imprisonment under 6 months
Or be possess/ use utensils

Must not be family harm

Must admit guilt