Chapter 2: Bail

Question 1

S7 - A defendant is bailable as of right when?

Answer 1

1. When charged with offence not punishable by imprisonment
2. charged with offence <3yrs
   unless:
   - assault on child
   - male assaults female
   - Assault someone in Family Relationship

Question 2

S8 - What are the considerations for just cause for continued detention the court MUST take into account whether there is a risk the defendant may what? (3)

Answer 2

• fail to appear in court.
• interfere with witnesses or evidence
• offences whilst on bail.

Question 3

S8 - What are the considerations for just cause for continued detention the court MAY take into account? (8)

Answer 3

• 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 defence
• Other special matters

Question 4

S10 - Restriction on bail if defendant with previous conviction for specified offences charged with further specified offences applies to a defendant of what age?

Answer 4

of or over 17 years charged in the District Court

Question 5

S10 - Give 4 examples of a SPECIFIED OFFENCES

Answer 5

S128B - Sexual Violation
S132 - Sexual conduct with Child <12
S167 - Murder
S171 - Manslaugther
S188 - Wounding with Intent
S234 - Agg Robbery
S232 - Agg Burglary

Question 6

S10 - No defendant may be granted bail or allowed to go at large except by order of who?

Answer 6

• High Court Judge or a District Court Judge

Question 7

What is the REVERSE BURDEN OF PROOF?

Answer 7

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.

Question 8

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)

Answer 8

• any offence involving violence against or danger to the safety of anyone or
• burglary or any other serious property offence. (more than 7 years serious property offences)

Question 9

S15 - What must the courts think when granting of bail to defendant who is 18 years of age? (2)

Answer 9

• the defendant appears to be 18 years of age and

- has not previously been sentence to imprisonment

Question 10

S16 - Judge only may grant bail for drug dealing offences by order of who?

Answer 10

High Court or District Court Judge

Question 11

S21A - Notice of Police bail - A Police employee who grants Police bail must ensure that notice of Police bail is completed and what? (3)

Answer 11

• Give notice to defendant
• Ensure defendant understands conditions of bail and
• Ensure defendant authenticates the notice.

Question 12

S23 - Can a person arrested for BOPO get Police Bail?

Answer 12

not in the first 24 hours following arrest, after that can be released on bail by Police.

Question 13

S35 - A defendant on bail may be arrested WW in certain circumstances when? (2)

Answer 13

• 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)

Question 14

S37 - Who can issue a WTA absconding or BOB or fails to answer bail?

Answer 14

A Judicial Officer or Registrar.

Question 15

s 7 (4) When is a defendant not bailable as of right?

Answer 15

Not bailable of right if charged with offence punishable by imprisonment after previously convicted of offence punishable by imprisonment.

Question 16

BA2000 s.8 (4A & 4B) what can’t the court take into consideration regarding a defendant’s cooperation/assistance with authorities of any offence

Answer 16

Can’t take their cooperation into account when considering bail however their cooperation may be relevant to assessment of whether there is a risk that Defendant will fail to appear at Court etc.

Question 17

S21 when may Police grant Police Bail?

Answer 17

When considers PRUDENT to do so subject exclusions S 10, 12 , 16.

Question 18

S21 (4) who is entitled to be granted Police bail as of right?

Answer 18

no one

Question 19

S 21 A Police Bail. When must attendance at court be no later than?

Answer 19

14 days from date of notice

Question 20

S21B If Police impose bail conditions when must court attendance be?

Answer 20

1. less than 7 days of date on notice

2. unless court is closed for more than 7 consecutive days after the date of arrest.

Question 21

S37 (5) What must constable executing Arrest Warrant have/do? (3)

Answer 21

1. Have copy of warrant
2. Produce ID on initial entry and if requested
3. If not in uniform produce evidence is a constable

Question 22

Policing Act S32 - Identifying particulars of person in custody. A constable may take their particulars if person in lawful custody is detained for committing an offence. Where can this happen? (2 places)
What if person fails to comply?

Answer 22

At a police station or at any other place being used for Police purposes. Place includes any land, building, premises or vehicle.

Commits offence if fails to comply, reasonable force to secure identifying particulars

Question 23

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)

Answer 23

• take their identifying particular
• and only for the period necessary to take the person identifying particulars.
  Commits offence if fails to comply, reasonable force to secure identifying particulars

Question 24

S 32 (5) Policing Act. What are identifying particulars? (3)

Answer 24

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.

Question 25

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?

Answer 25

- Incapable of protecting himself from physical harm - Likely to cause physical harm to himself/others - Likely to cause property damage.

Question 26

S36 Intoxicated people. If reasonably practicable, can be taken where?

Answer 26

place of residence, temporary shelter | Note if not reasonably practicable to provide for care here , then ok to place in custody.

Question 27

S36 (2) A person detained under S36(1) intoxicated must be released when?

Answer 27

Soon as person ceases to be intoxicated | Must not be detained longer than 12 hours unless recommended by Health practitioner.

Question 28

Section 36 - define intoxicated

Answer 28

observably affected by drugs, alcohol or substances to degree balance, speech, coordination, behaviour impaired

Question 29

Section 36 - define temporary shelter

Answer 29

place for care and protection of intoxicated person, not operated by Police