Group+5+Bail,+remand+&+detention+and+interrogation,+rights+of+suspects

=Group 5: Bail, remand & detention and interrogation, rights of suspects=


 * 1. Define the terms 'bail' and 'remand'.**
 * Bail-Conditional temporary release of accused until their case is determined by the courts
 * Under the __Bail Act 1978 (NSW)__ –restrictions against granting bail for certain offences (known as the ‘presumption against bail’
 * Drug trafficking
 * Domestic violence
 * Remand-Special type of detention (where accused is refused bail) that allows accused to be held for the period between being charged & facing trial
 * Usually sought against people who have committed:
 * Violent crimes
 * Dangerous criminals
 * Repeat offenders
 * Those thought to be a flight risk
 * 2. What factors are considered by a magistrate when determining the issue of bail?**
 * seriousness of the offence
 * whether or not you turn up to court or not
 * 3. What happens if a suspect is denied bail?**
 * If bail-denied & magistrate/authorised officer determines that accused should remain in custody until trial, the accused will be held on remand in police custody/at a remand centre
 * 4. Do detained persons have the right to a lawyer? Use a case to support your response.**
 * Under the Australian legal system-there is no right to a lawyer
 * This is evident in //Dietrich v. the Queen 1992//
 * Dietrich-refused legal aid
 * Was only appointed a lawyer when he argued that he didn't get a fair trial
 * High Court-agreed but there is still no automatic right to legal representation
 * LAC-Legal Aid Commissions (est. 1979)-ensuring people who don't have available funds for a lawyer, receive legal representation
 * Before you receive legal aid-you must meet the means test (how much you earn & own) & also pass a merit test (whether your case is likely to succeed/not)
 * Funds are limited-mostly granted to people who are disadvantaged (such as children, people on benefits & people with a mental health problem)
 * 5. What are the legal restrictions governing the detention of suspects? Use legislation to support your response**
 * __Law Enforcement (Powers and Responsibilities Act 2002__)-sets out the lawful conditions for which a suspect can be detained for questioning and the purpose of further investigation
 * A prisoner can be held for a maximum of 4 hours (the 4 hours only include interview, other periods of time are not included)
 * After this 4 hours, a prisoner must be charged OR unconditionally released
 * The Police may apply to a magistrate for a warrant to extend the investigation period for a further 8 hours (again, this is only interview time)