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14 Cards in this Set
- Front
- Back
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Entitlement to Bail |
Any person who has been charged with an offence but not yet convicted is entitled to bail |
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Surety |
A person who guarantees the accused will attend court on the specified date. May be required to lodge a deposit of money or a title to a house, which is forfeited if accused fails to appear. |
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Warrant |
A document issued by legal or government authority authorising police (or other body) to make an arrest, search premises or carry out other actions for administering justice |
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Bail |
An undertaking in writing, signed by an accused (and his sureties) to ensure the accused's appearance at a certain court on a specified date
Should not be withheld as a means of punishment |
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464A of Crimes Act |
Release of persons in custody Every person taken into custody for an offence must be: - released unconditionally - released on bail - brought before Bail Justice or Magi (within reasonable time) |
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Section 5AAA(1) |
Of Bail Act: Own undertaking with conduct conditions (can be OU without conditions) BDM can impose conditions in the likelihood that the accused may: - endanger the safety/welfare of any person - commit an offence while on bail - interfere with witnesses (obstruct justice) - fail to attend at court |
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Section 5AAA(1) of Bail Act |
Own undertaking with conduct conditions
(can be OU without conditions)
BDM can impose conditions in the likelihood that the accused may:
- endanger the safety/welfare of any person - commit an offence while on bail - interfere with witnesses (obstruct justice) - fail to attend at court |
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s10 of Bail Act |
Police power to grant/refuse bail - not practicable to bring accused to court immediately - began questioning or investigating under s464A(2) of C. Act - immediately upon expiry of reasonable time (s464A(1)) SGT or above must consider granting or refusing bail in accordance to this act If child = parent/guardian/ITP presence required If bail is refused by police, the arrested person must be informed of their right to apply to a court for bail (verbal or using VP Form 467) |
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VP Form 475 |
Reporting to police stations as a condition to bail Only 24 hour stations are used as bail reporting stations |
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s64 Magistrates Court Act |
1. Warrant to arrest authorises breaking, entering, and searching any place where the person named in the warrant is suspected to be 2. The person named in the warrant, when arrested, to be brought before a bail justice or the court within reasonable time, or to be released on bail in accordance with the endorsements on the warrant |
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Executing a Warrant |
1. The person named in the warrant must be located 2. Must confirm the existence of the Warrant to Arrest 3. Confirm identity of the subject 4. Explain the contents of the warrant 5. Arrest the person and transport to police station |
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Endorsing a Warrant |
Endorse the execution copy of the warrant with the time and date of the arrest. Sign with signature, rank, and registered number. |
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EWOK |
Electronic Warrant Online Knowledge bank |
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Post Execution of Warrant |
All executed warrants must be "backed up" - endorsed back of the warrant - returned to the relevant court |
