Court Documents

Essay by cpaton September 2008

download word file, 12 pages 5.0

INTRODUCTIONThis document is set into 2 parts. Part 1 discusses bail documents in relation to Queensland Legislation looking at the Power of police to grant bail, Power of the court to grant bail, Duty of court to grant bail in certain circumstances, conditions of bail, Release of persons apprehended and deposit of moneys as security, Procedure for bail application and finally looking at conditions that course refusal of bail. Part 2 looks at documents to finalising criminal court proceedings which involve, the sentencing of offenders, committal proceedings and no case to answer.

Definition of bail: the legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial); "he is out on bail"CONTENTSPAGE NO:Part 1: Bail DocumentsPower of Police to Grant Bail4Power of Court to Grant Bail5Duty of Court to Grant Bail in Certain Circumstances6Conditions of Bail7-8Release of Person’s Apprehended9-10Procedure for Bail Application11Refusal of Bail12Part 2: Documents to Finalise Criminal ProceedingsSentencing of Offenders13-14-15Committal Proceedings16No Case To Answer16Bibliography17PART ONE:BAIL DOCUMENTS PURSUANT TO THE RELEVANT LEGISLATIONPOWER OF POLICE TO GRANT BAIL(Bail Act 1980 – Section 7)Power of police to grant bail only if a person has been arrested in connection with a charge or offence and is taken into custody by a police officer, that police officer must either be an officer in charge of a police station or police establishment or a watch house manager.

However, a person is not eligible to apply for bail while being detained under the Police Powers and Responsibilities Act 2000, chapter 15, part 2. A prescribed police officer must be satisfied the person cannot be taken promptly before court. That prescribed officer shall investigate the question whether or not bail should be granted and may or, it is not...