Release of persons arrested

• What MUST happen to a detainee after 24 hours in custody?

  charged, released or bailed
• Who authorises extended custody time to 36 hours?

  Superintendent

  
• What kind of offence must a detainee be arrested for, to extend custody time?

  Indictable or either way
• Who can authorise custody extension to 96 hours?

  Magistrate
• What are the three types of bail?

  1. Pre-charge
  2. Post-charge
  3. Street bail
• When someone has been arrested and charged, but remain in custody awaiting a court date, this is called...?

  Remand
• When someone has been arrested and charged, but are released awaiting a court date, they are... ?

  On bail
• Restorative Justice is an example what what?

  Out of court disposal
• What does RUI stand for?

  Released under investigation
• If someone is released under investigation, do they have conditions to meet?

  No
• What are the six outcomes of arrest?

  1. Charged and remanded
  2. Charged and bailed
  3. Out of court disposal
  4. Pre-charge bail
  5. Released under investigation (RUI)
  6. No further action

  
• What does PACE S47(3) specify about bail?

  Someone on bail must attend Magistrates Court at a specified time and date

  
• What eight conditions means a person will be refused bail in accordance with PACE S38?

  1. Name and address not known/ doubted
  2. Reasonable grounds to believe they will not show at court
  3. Reasonable grounds to believe they will commit further imprisonable offences
  4. Enable drug testing (over 18s)
  5. Reasonable grounds to believe it is necessary to prevent injury to another or damage to property (imprisonable only)
  6. Reasonable grounds to believe it will prevent interference with justice
  7. Reasonable grounds to believe it is necessary for their own protection
  8. Charged with murder
• True or false: under PACE S38, a detainee can be refused bail if they do not confirm their address?

  True
• True or false: under PACE S38, a detainee can be refused bail if there are reasonable grounds to believe they will commit any other offence?


  False - it has to be imprisonable offences only
• What rank has the authority to release a detainee?

  Sergeant or above
• Under which two circumstances, under the Criminal Justice and Public Order Act 1994 S25 can bail be granted post-charge?

  1. No previous convictions for serious crime
  2. Previous conviction of serious crime, but exceptional circumstances apply
• The Bail Act 1976 S3A allows what adjustment to be made to bails?

  Conditions to be applied
• Under which four circumstances will a bail with conditions be applies, under the Bail Act 1976 S3A?

  1. Prevent them from failing to surrender to custody
  2. Prevent them from committing offences
  3. Prevent them from interfering with witnesses or course of justice
  4. For own protection
• What are the eight conditions that can be applied to bail?

  1. Accused is to live and sleep at specified address
  2. Accused is to notify of any changes of address
  3. Accused is to report periodically to local police station
  4. Accused is restricted from entering certain area
  5. Accused not to contact victim or probable witness (directly or indirectly)
  6. Accused to surrender passport
  7. Accused subject to a curfew
  8. Accused to provide surety or security
• Under PACE 50A, release on bail (rather than release with no further action, etc) must be believed to be WHAT by the Sergeant?

  Necessary and proportionate
• Under PACE 50A, which five considerations must be reflected on by the custody sergeant when releasing someone on bail?

  1. the need to secure that the person surrenders to custody
  2. The need to prevent the person offending further
  3. The need to safeguard victims and witnesses of the alleged offence, taking into account any vulnerabilities
  4. The need to safeguard the person, taking into account any vulnerabilities
  5. The need to manage risk to the public
• As of October 2022, the initial bail period was extended from 28 days to how long?

  three months
• Inspector can release bail from initial three months to how long?

  Six months
• Who can extend bail form nine months?

  Magistrates court
• Who extends bail period from six months to nine?

  Superintendent
• True or false: under PACE S38, a detainee can be refused bail for their own safety?

  True
• Under S30 PACE, what does a constable need to consider proportionate and necessary to determine?

  a.the need to secure the offender surrendering to custody;

  b. the need to prevent offending by the offender;

  c. the need to safeguard victims and witnesses, including any vulnerabilities.

  d. the need to manage risks to the public.
• Where conditions are imposed, what makes the requirements proportionate and necessary?

  a.the need to secure the offender surrendering to custody;

  b. the need to prevent offending by the offender whilst on bail;

  c. the need to secure the person does not interfere with witnesses or otherwise obstruct investigation, whether in relation to them or any other person.

  d. the person’s own protection or, of they are under 18, the person’s own welfare or interests.
• How long do police have to respond to a request to vary bail conditions, when issued by court?

  48 hours
• What are the conditions in S47ZC, which must be satisfied to extend any applicable bail period?

  a. Decision-maker has reasonable grounds for suspecting offender is guilty.

  b. Decision-maker has reasonable grounds for believing:

  a. More time needed to make charging decision OR

  b. Further investigation needed.

  c. Decision-maker has reasonable grounds for believing:

    a. charging decision being made diligently and expeditiously OR

     b. investigation being conducted diligently and expeditiously.

  d. decision-maker has reasonable grounds for believing bail necessary and proportionate.
• Who can extend applicable bail period from three months to six, if S47ZC conditions are met?

  Inspector IF:

  a. Reasonable grounds for suspecting offender to be guilty.

  b. Reasonable grounds for believing:

  i. Further time is needed to make decision whether to charge offender OR

  ii. Further investigation is needed.

  c. Reasonable grounds for believing:

  i. decision whether to charge offender is being made diligently and expeditiously OR

  ii. investigation is being conducted diligently and expeditiously.

  d. Reasonable grounds for believing release on bail is necessary and proportionate.
• Who can extend applicable bail period from six months to nine, if S47ZC conditions are met?

  Superintendent
• Who can extend applicable bail period of a non-standard case to 12 months if S47ZC conditions are met?

  Superintendent or equivalent
• What agencies are non-standard cases typically associated with?

  Non-standard cases are those which Financial Conduct Authority, His Majesty’s Revenue and Customs, National Crime Agency or Serious Fraud Offence are involved in.
• Who can extend applicable bail period of a designated case to 12 months if S47ZC conditions are met?


  DPP, commander or assistant chief constable
• If a nine month extension to applicable bail period is not enough, how can the period be extended again?

  Constable can apply to magistrates and, if they are satisfied conditions B-D are met, they can extent to 12, 18 or 24 months
• True or false: if a constable needs to apply to the magistrates court for an extension of bail to 12, 18 or 24 months, they must disclose all information they have?

  False - they can first apply under S47ZH to withhold info if there are reasonable grounds to believe disclosing this info will result in evidence being interfered with, a person coming to harm, another suspect escaping arrest for an indictable crime, or the recovery of property obtained as a result of an indictable crime may be hindered.
• A defendant won't be granted bail if they have been charged/ convicted of what?

  - Murder

  - Attempted murder

  - Manslaughter

  - Rape

  - S2 assault by penetration

  - S4 causing person to engage in sexual activity involving penetration

  - S5 rape of child under 13

  - S6 assault of child under 13 by penetration

  - S8 causing or inciting child under 13 to engage in sexual activity, involving penetration

  - S30 sexual activity with mentally disordered person involving penetration

  - S31 causing or inciting sexual activity with mentally disordered person involving penetration.
• When may bail be refused?

  o Name or address can’t be ascertained or reasonable grounds for doubting that provided is true.

  o Reasonable grounds for believing defendant will fail to appear in court to answer bail.

  o Where defendant arrested for imprisonable offence and custody sergeant has reasonable grounds for believing detention is necessary to prevent them committing an offence.

  o Where defendant is 18 or over and a sample needs to be take for drug testing and reasonable grounds for believing detention of defendant necessary for sample to be taken.