NSW POLICE FORCE HANDBOOK · Customer Service ... • Assist in the development of Aboriginal Action Plans and other crime prevention initiatives within their community. See: Aboriginal

NSW Police Force

Handbook

October 2019

For Official Use Only NSW Police Force Handbook

As at 2 October 2019 Page 1 of 286

For Official Use Only

Table of Contents Aboriginal Issues .......................................................................................................................................... 5 Accidents (non-traffic) ................................................................................................................................ 7 Arrests ............................................................................................................................................................. 7 Assistance Animals ................................................................................................................................... 12 Aviation Support ......................................................................................................................................... 14 Bail Act .......................................................................................................................................................... 14 Breath and Drug Testing and Analyses ................................................................................................ 24 Casino and Racing Investigations ......................................................................................................... 34 Children ......................................................................................................................................................... 35 Commonwealth Offences ......................................................................................................................... 36 Complaints Against Police ....................................................................................................................... 37 Computers .................................................................................................................................................... 38 Conduct ......................................................................................................................................................... 41 Consorting .................................................................................................................................................... 42 Coroner's Matters ....................................................................................................................................... 42 Corrupt Conduct of Public Officials - Reporting ................................................................................ 46 Court Matters ............................................................................................................................................... 47 Crime Reporting - Computerised Operational Policing System (COPS) ..................................... 73 Crime Scenes ............................................................................................................................................... 74 Criminal Record Checks ........................................................................................................................... 77 Custody ......................................................................................................................................................... 79 Customer Service ....................................................................................................................................... 98 Damage to Property by Police - Claims for Compensation ............................................................. 99 Diplomatic Agents and Consular Representatives............................................................................ 99 Disability Issues ........................................................................................................................................ 104 Diversity and Inclusion ........................................................................................................................... 106 Document Examination ........................................................................................................................... 107 Dog Unit ...................................................................................................................................................... 107 Domestic & Family Violence .................................................................................................................. 110 Driving Instructors ................................................................................................................................... 110 Drug and Alcohol Policy ......................................................................................................................... 112 Dying Depositions and Declarations ................................................................................................... 112 Electoral Matters ....................................................................................................................................... 113 Electronic mail, instant messaging and internet ............................................................................. 113 Employee personnel files ....................................................................................................................... 114




Escorting / Transporting Prisoners ..................................................................................................... 115 Exhumation of Bodies ............................................................................................................................. 122 Explosives .................................................................................................................................................. 124 Extraditions ................................................................................................................................................ 125 Face Coverings (Power to require removal for identification purposes) .................................. 127 Family Law.................................................................................................................................................. 128 Fingerprints ................................................................................................................................................ 129 Flags ............................................................................................................................................................. 134 Forced Entry .............................................................................................................................................. 134 Foreign Nationals ..................................................................................................................................... 135 Forensic Imaging ...................................................................................................................................... 136 Fraud Incidents ......................................................................................................................................... 137 Fundraising ................................................................................................................................................ 138 Government Information Public Access Act (GIPA) ....................................................................... 139 Hazardous Chemicals .............................................................................................................................. 140 Hazardous Entertainment or Meetings ............................................................................................... 141 Homelessness ........................................................................................................................................... 141 Honours and Awards ............................................................................................................................... 141 Identification .............................................................................................................................................. 142 Identification of deceased bodies and skeletal remains ................................................................ 146 Immigration Matters ................................................................................................................................. 150 Incidents & Emergencies ........................................................................................................................ 151 Information Gathering from Government and Non-Government Agencies .............................. 154 Injuries on Duty ......................................................................................................................................... 155 Interpreters and Translators .................................................................................................................. 157 Jurisdiction ................................................................................................................................................ 160 Justices of the Peace .............................................................................................................................. 160 Leave ............................................................................................................................................................ 161 Licensing Matters ..................................................................................................................................... 163 Local Government .................................................................................................................................... 166 Local Land Services Act 2013 ............................................................................................................... 166 Magpie Destruction .................................................................................................................................. 170 Major crime investigation ....................................................................................................................... 171 Marine Area Command (Water Police) ................................................................................................ 171 Media Policy ............................................................................................................................................... 173 Mentally Ill People .................................................................................................................................... 174




Miscellaneous Matters ............................................................................................................................ 176 Miscellaneous Property .......................................................................................................................... 179 Missing Persons ....................................................................................................................................... 183 Money - Australian bank notes ............................................................................................................. 188 Motor Vehicle Crashes ............................................................................................................................ 189 Mounted Police .......................................................................................................................................... 204 Noise Abatement ...................................................................................................................................... 205 Notebooks .................................................................................................................................................. 206 NSW Trustee and Guardian ................................................................................................................... 209 Online Tests ............................................................................................................................................... 210 Overtime and Allowances ...................................................................................................................... 212 Performance Development and Management ................................................................................... 214 Personal Matters to be Reported .......................................................................................................... 215 Photos and Plans ...................................................................................................................................... 216 Police Appeals and Tribunals ............................................................................................................... 216 Police Equipment ...................................................................................................................................... 217 Police Housing and Buildings ............................................................................................................... 218 Political Affiliations .................................................................................................................................. 219 Prevention of Cruelty to Animals ......................................................................................................... 219 Proceedings Against Police................................................................................................................... 221 Project Management ................................................................................................................................ 224 Public Health and Hospitals................................................................................................................... 229 Public Interest Disclosures .................................................................................................................... 229 Recognisance and Bonds ...................................................................................................................... 229 Records ....................................................................................................................................................... 230 Respectful Workplace Behaviour ......................................................................................................... 234 Schools - Banning Notices..................................................................................................................... 235 Secondary employment .......................................................................................................................... 237 Sex in Public Places ................................................................................................................................ 238 Social Media ............................................................................................................................................... 239 Specialist groups ...................................................................................................................................... 240 Sponsorship and endorsement ............................................................................................................ 241 Sporting and social clubs and functions ........................................................................................... 241 Tax information ......................................................................................................................................... 243 Tow trucks .................................................................................................................................................. 245 Traffic - miscellaneous ............................................................................................................................ 246




Traffic and parking offences .................................................................................................................. 252 Transport investigations ........................................................................................................................ 257 Travel ........................................................................................................................................................... 258 Use of Force ............................................................................................................................................... 259 Vehicle search powers ............................................................................................................................ 260 Victims ......................................................................................................................................................... 264 Warrant Cards (Identification Certificates) ........................................................................................ 266 Warrants ...................................................................................................................................................... 268 Watercraft ................................................................................................................................................... 270 Welfare ......................................................................................................................................................... 271 Witnesses ................................................................................................................................................... 272 Work Health and Safety .......................................................................................................................... 279 Young Offenders ....................................................................................................................................... 280




Aboriginal Issues (Chapter updated 1 May 2019 Bi-Annual Review)

Following the Royal Commission into Aboriginal Deaths in Custody, NSW Police committed to develop and implement strategies to address the causes of tension in its relationship with Aboriginal communities across NSW. This approach has taken the form of a series of five-year strategic plans. The Aboriginal Strategic Direction is an important part of broader government policy initiatives aimed at requiring all service providers to foster more consultative, outcome driven approaches to engaging local communities and involving all government agencies in Aboriginal justice initiatives. Interpretation According to LEPRA Part 1 section 3, an Aboriginal person means a person who:

a) is a member of the Aboriginal race of Australia, andb) identifies as an Aboriginal person, andc) is accepted by the Aboriginal community as an Aboriginal person.

Do not use terms such as "Abo", "part Aboriginal", "half-caste", "quarter-caste" and the like - these are offensive to Aboriginal people. When addressing or speaking to Aboriginal persons, you should do so as you would any member of the community. You should never use names, words or terms which may be considered derogatory or which may be taken as offensive. Aboriginal Strategic Direction 2018-2023 Commanders For strategic and local objectives and strategies which you need to address in relation to Aboriginal issues refer to the Aboriginal Strategic Direction –2018-2023. This policy document can be found on the Intranet through the Aboriginal Issues Knowledge Map. Aboriginal Community Liaison Officers (ACLOs) ACLOs are a valuable resource for Police Area Command/Police Districts. Their role is to: • Liaise, develop and maintain open communication with Aboriginal groups within your command to assist

in the successful engagement with the community.• Assist in resolving any contentious issues arising in the engagement of Aboriginal communities.• Assist in the safe secure and humane management of Aboriginal people in custody.• Assist in the establishment of Aboriginal Custody and Victim Support group.• Assist in the development of Aboriginal Action Plans and other crime prevention initiatives within their

community.See: Aboriginal Engagement Knowledge Map (NSWPF Intranet) for further information under ACLO Role. Entering Aboriginal land Consult the local Aboriginal Land Council which is responsible for negotiating access by police. To help effective policing methods within such areas, the Police Area Command/Police District (PAC/PD) Commander enters into a written agreement with the Council following negotiations. Keep a copy of the agreement at the command and region office. Once right of access has been negotiated and authorised, it may be revoked only by that Land Council at a further meeting properly convened. A Deed of Access may be entered into between a Land Council and the Commissioner (signed by the PAC/PD Commander). If you enter Aboriginal lands without authority, you are trespassing. The relevant Land Council can act accordingly. Aboriginal skeletal remains See: ‘Identification of Deceased Bodies and Skeletal Remains’ See: ‘Manual for the Identification of Aboriginal Remains’ produced in co-operation with the NSW Department of Environment and Conservation in 2006 (now the NSW Office of Environment and Heritage). Aboriginal Legal Aid Officers

http://intranet.police.nsw.gov.au/strategy_and_knowledge_maps/aboriginal_engagement/aboriginal_strategic_direction_booklet_and_brochureshttp://intranet.police.nsw.gov.au/strategy_and_knowledge_maps/aboriginal_engagementhttp://intranet.police.nsw.gov.au/policy_and_procedures/operational_policies/police_handbook/chapter_i/identification_of_deceased_bodies_and_skeletal_remainshttp://www.environment.nsw.gov.au/nswcultureheritage/AboriginalPeopleAndCulturalLife.htm




The Aboriginal Legal Services (NSW/ACT) operates a 24 hour per day/7 day per week Custody Notification Service (CNS). The contact number is 1800 765 767 Aboriginal people coming into police custody are entitled to speak to the Aboriginal Legal Service on the phone number provided. Aboriginal people in custody See above for the Custody Notification Service (CNS) operated by Aboriginal Legal Service (NSW/ACT). The Aboriginal Strategic Direction has identified the need to establish an Aboriginal Custody and Victim Support Group. Contact the Aboriginal Co-ordination Team at Operational Programs for more information. Aboriginal person death in custody and Critical Incidents involving an Aboriginal person See: Guidelines for the Management of Critical Incidents - Commander Checklist.

http://intranet.police.nsw.gov.au/__data/assets/pdf_file/0006/443292/Critical_Incident_Guidelines_443292_16Feb2017.pdf




Accidents (non-traffic) (Chapter reviewed and updated 20 December 2016 [D/2016/675891])

Police Assistance Provide help and first aid in cases of accident or illness. Request a doctor or ambulance, and when the person is taken to hospital, notify the nearest relative. Place any severed parts in a sealed plastic bag and submerse in ice water. Take the bag to the hospital as soon as possible. Also send dentures of injured people with facial injuries. Handle all property belonging to injured people in accordance with section on 'Miscellaneous Property'. Treatment of Diver Related Illness (the bends) Advise the State Co-ordinator, who will notify the Director, Police Medical Services and the Medical Officer, School of Underwater Medicine, of any diver suffering the bends. Ask the State Co-ordinator for the location of the nearest available decompression chamber. Hazardous Materials See: ‘Incident Emergency Standard Operating Procedures (IESOP)’ for police responsibilities and actions to take at hazardous materials' incidents/emergencies. See: the section on 'Hazardous chemicals'. Accidents Involving Firearms Treat firearm incidents as a crime scene. See: 'Arrests'. Mining Accidents See: 'Coroner's Matters'. See: NSW Mines Subplan Acts of Bravery When anyone risks their lives in rescuing or trying to save others, report it to your commander. Resuscitation Refer to the section 'Work Health and Safety' if you have performed resuscitation in the course of your duty.

Arrests (Chapter reviewed and updated on 6 May 2019 [Biannual Review]) (New Section ‘Arrest for Additional Offences when New Bail is Desirable’ added April 2018 as per D/2017/638969 LEX 1713)

LEPRA section 99 Refer to s.99 of LEPRA for your statutory powers to arrest without a warrant. You may arrest a person for an offence, without a warrant, if: • you suspect on reasonable grounds that the person is committing or has committed an offence, and• you are satisfied that the arrest is reasonably necessary for any one or more of the following reasons:

o to stop the person committing or repeating the offence or committing another offenceo to stop the person fleeing from a police officer or from the location of the offenceo to enable enquiries to be made to establish the person's identity if it cannot be readily established or

if the police officer suspects on reasonable grounds that identity information provided is falseo to ensure that the person appears before a court in relation to the offenceo to obtain property in the possession of the person that is connected with the offenceo to preserve evidence of the offence or prevent the fabrication of evidenceo to prevent the harassment of, or interference with, any person who may give evidence in relation to

the offence

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o to protect the safety or welfare of any person (including the person arrested)o because of the nature and seriousness of the offence

You may also arrest a person without a warrant if directed to do so by another police officer. The other police officer is not to give such a direction unless the other officer may lawfully arrest the person without a warrant. As soon as is reasonably practicable, you must take a person arrested under section 99 before an authorised officer to be dealt with according to law. However, you may discontinue the arrest at any time and without taking the arrested person before an authorised officer - See: s.105 of LEPRA. A person who has been lawfully arrested under section 99 may be detained by any police officer under Part 9 for the purpose of investigating whether the person committed the offence for which the person has been arrested and for any other purpose authorised by Part 9. Always record the reason for the arrest in your notebook, any statement you prepare for court, and the relevant COPS entry. If you cannot satisfy one of the reasons for the arrest, you must consider alternatives to arrest, which include the following: • warning• caution• penalty notice• Field or Future CAN, or• in the case of a child, dealing with the matter under the Young Offenders Act 1997.

When exercising a power to arrest, you must comply with Part 15 of LEPRA (safeguards). Among other things, this will require you to tell the person the reason for the arrest. When an arrested person is also the subject of a police circulation, immediately inform the officer who initiated the circulation. If you execute an Arrest Warrant, immediately notify the officer who took it out. If you cannot contact them, immediately notify their commander. Arrest on parole When you arrest someone on parole, contact the New South Wales State Parole Authority and supply the name and date of birth of the person arrested, details of the offence committed, as well as the name of the officer in charge of the case and the command to which they are attached. When preparing a fact sheet for the matter, include in the offender's antecedents the fact that they were on parole at the time. Establishing identity of suspect When arresting a suspect by warrant or otherwise, be certain of identity. Do a search of all available information and intelligence systems. If a person arrested pursuant to a warrant denies they are the person named in the warrant, make every attempt to establish the identity of the person. If the warrant has been issued in respect of an offence, you have a power under s.133 of LEPRA to take all particulars that are necessary to identify the person. If the person is over the age of 14 years, the particulars may include the person’s photograph, finger-prints and palm-prints. (Section 136 applies to the taking of identification particulars from children under 14). No such power exists where the person has been arrested pursuant to a warrant that does not relate to an offence. Examples include warrants issued in respect of a revocation of parole or to bring a witness before the court. However, you may take the person’s finger-prints and palm-prints with their informed consent. In either case, carry out a CNI check (compare physical descriptors such as scars, tattoos etc) and pursue any other avenues available to establish identity. Fingerprinting a person in lawful custody for an offence When a person is in lawful custody for an offence, it is the responsibility of the officer in charge of the investigation to ensure fingerprints are obtained on each lawful occasion, unless there is a compelling reason not to do so. If a person aged 14 years or over is in lawful custody for an offence, whether in a police station or in the field, s.133 of LEPRA allows you to take all identification particulars necessary to identify the person. This may




include the person’s photograph, fingerprints or palm prints. You can use a Field Identification device to take the prints. (Section 136 applies to the taking of identification particulars from children under 14). A person is in lawful custody for an offence if they are under arrest for the offence. Fingerprinting a person who is not in lawful custody for an offence You can require a person who is not in lawful custody to provide their prints if: • you have served the person with a Criminal Infringement Notice (i.e. a penalty notice under the

Criminal Procedure Act 1986), or• you have served a Court Attendance Notice personally on the person.

The person must be over 18 years of age, and the prints can only be taken with the person’s consent. You must also comply with the safeguards in s.138C of LEPRA. Arresting Members of Parliament (MPs) You should always confer with the Presiding Officers before exercising any police function within the Parliamentary Precincts or the Parliamentary Zone. A Presiding Officer is the President of the Legislative Council and the Speaker of the Legislative Assembly acting together or individually. During a ‘call out’ by the Presiding Officers or their delegates You may only pursue a person into the Parliamentary Precincts to effect an arrest if that person has fled into the Parliamentary Precincts whilst trying to avoid being arrested. You are not to enter the Parliamentary Precincts for the purpose of carrying out any police function unless requested (‘called out’) by the Presiding Officers or their delegates. During a call out, the senior police officer will receive direction from the Presiding Officers or their delegates as to the needs of Parliament. They will then, by all lawful means, assist the Presiding Officers or the delegates to maintain operational control of any situation. This includes, but is not limited to, directing a person to leave or not enter the Parliamentary Precincts, arresting (or removing) a person in (or from) the Parliamentary Precincts, and preventing a person from entering the Parliamentary Precincts. During your attendance in the Parliamentary Precincts or the Parliamentary Zone, (whether as the result of a ‘call out’ or on any routine business), you must not, without prior authorisation from the Presiding Officers:

a) conduct any investigationb) execute any process (e.g. search warrants or ADVOs),c) interview, hold in custody or arrest any Member of Parliament or any Parliamentary employee.

This does not prevent you from carrying out an investigation, within the limited confines of the Parliamentary Zone, with respect to any accident or incident that does not involve a Member of Parliament or the Parliamentary buildings or structures. If possible, report to your Region Commander beforehand. If an MP is arrested (in either case), notify the Region Commander, and the following people, as soon as possible: Federal • a member of the Senate - Office of the President of the Senate, Canberra• a member of the House of Representatives - Office of the Speaker, Canberra.

State • a member of the NSW Legislative Assembly - Office of the Speaker, Sydney• a member of the NSW Legislative Council - Office of the President, Sydney.

Supply the following information: • name of the member• type of action• details of the circumstances giving rise to the arrest.

The Region Commander will then provide formal written notification. Arrest by warrant




Try to arrest a person named in a warrant as soon as practicable after the warrant has been issued. A person who is arrested under a warrant must be brought before a Judge, a Magistrate or an authorised officer (as specified in the warrant) as soon as practicable. When executing the warrant, state your authority and, if requested to do so, produce a copy of the warrant when it is available. For further information, See: 'Warrants'. Power to stop, search and detain See: s. 21 Law Enforcement (Powers & Responsibilities) Act 2002 for requirements with respect to stop, search and detain powers. Multiple charges Do not lay multiple charges against an offender when it is unlikely the lesser charges will be pursued. While secondary charges are often desirable as an alternative to a substantive charge, before laying them you should consider whether they are appropriate and can be established to a prima facie degree. Interstate offences and arrests See: 'Extraditions' for the arrest of offenders outside NSW. Reference should also be made to section 104 of LEPRA that provides for a power to arrest for interstate offences, and s.82 Service and Execution of Process Act 1992 (Commonwealth) that provides for a person named in a warrant issued in a State to be apprehended in another State. Arrest for Additional Offences when New Bail is Desirable (Section added April 2018 as per D/2017/638969 LEX 1713)

Adding additional offences to an existing charge If you have charged a person and later wish to add additional offences to the charge, consider the following options. There are 3 ways to add additional offences:

1. Issue a ‘Future CAN’ and make a detention application2. Issue a CAN and make a police bail decision, without arresting, or3. Arrest, issue a CAN and make a police bail decision.

The most appropriate way to proceed depends on the assessment of the bail risks involved. The additional offences may change your assessment of the overall bail concerns and risks, which often overlap with some of the reasons for which you can arrest. Option 1 is appropriate is if the additional offences do not pose new bail concerns that would require new or amended bail conditions. Options 2 and 3 are appropriate if the additional offences pose new bail concerns that require additional bail conditions, or that bail be refused. Before looking at each of the options, it’s important to understand that a new bail decision must be made in relation to the additional offences. New bail needed for the additional offences Under the Bail Act 2013, bail is applied to each separate offence. The bail applied to the original offences will not apply to any new offences. No bail will apply to the new offences until a bail decision is made specifically in relation to them. This means you need to ensure appropriate bail conditions are attached to ALL offences. If bail conditions are not added to the new offences and the old offences are withdrawn or finalised, the person will have no bail conditions at all. This problem can arise when offences attached to a single charge number are split up and dealt with separately. For example, where offences involving co-offenders are heard together with the remaining offences heard at another date, or where the DPP takes carriage of indictable offences leaving the remaining offences in the Local Court. Option 1: Issue a Future CAN and make a detention application at court Exercise this option if the additional offences do not pose new bail concerns that would require new or amended conditions. Under the Bail Act, the prosecution may apply to a court for bail conditions to be imposed, or for bail to be revoked or refused, in relation to an offence. This is referred to as a detention application.

http://intranet.police.nsw.gov.au/policy_and_procedures/operational_policies/police_handbook/chapter_w/warrantshttp://intranet.police.nsw.gov.au/policy_and_procedures/operational_policies/police_handbook/chapter_e/extraditionshttps://www.legislation.nsw.gov.au/#/view/act/2013/26




You can issue a Future CAN and apply to the court to impose bail conditions. To do this, you should serve the Future CANs along with a notice of intention to make a detention application. If you need assistance to do this, contact your local prosecutors. The detention application is to be made by the prosecutor at the first court mention date. Because there are no new bail concerns, the prosecutor would ask the court to apply the existing bail to all offences, including the new offences. Until this is done, the bail conditions will apply only to the original offences. The Bail Act requires that the accused person be given notice of the detention application the prosecution proposes to make. However, the court can still hear the application even if police are unable to serve the notice. The court can do away with the giving of notice if it is satisfied that the accused person is evading service or cannot be contacted, or if the interests of justice so demand. If you consider that additional bail conditions are required or that bail should be refused in relation to the new offences, options 2 or 3 will be more appropriate. Option 2: Issue a CAN and make a police bail decision, without arresting This option is appropriate if you consider it necessary to impose additional bail conditions for the new offences. Contact the person and ask them to attend the police station so that you can interview them about the new offences, serve the additional court attendance notices, and impose the new bail conditions. Bail can be granted to a person who is not under arrest Bail can be granted, with or without conditions, to a person who is not under arrest. A bail decision can only be made if the person accused of the offence is present at a police station (or hospital), but this doesn’t mean the person has to be under arrest. If the person voluntarily attends the police station, they can be served with court attendance notices for the new offences and granted bail. If the person withdraws their cooperation and attempts to leave before the charge and bail process has been completed, consider your power to arrest under section 99. Remember, you can only arrest if you are satisfied that arrest is reasonably necessary for one or more of the reasons set out in section 99(1)(b). If the bail condition is being imposed for one or more of those reasons (for example, to ensure the person’s appearance at court, or to prevent interference with a person required to give evidence), you may arrest and detain the person until the bail process has been completed. If you cannot satisfy section 99, you will not have a power to arrest. The bail conditions will have to be imposed by way of a detention application, as described above (See option 1). Option 3: Arrest, issue a CAN and make a police bail decision This option is appropriate if the new offences raise new bail risks in relation to the person and option 2 will not immediately address those risks. For example, option 2 may be unavailable to you because the person refuses to attend the police station, or may be inappropriate because unacceptable risks mean bail will be refused. For the reasons explained below, arrest is appropriate in either case. Bail concerns and your power to arrest Bail risks are closely associated with your power to arrest under section 99. The concerns that lead you to impose bail conditions, or oppose bail, will often coincide with circumstances that activate your power to arrest. This is because the bail concerns for which bail may be refused or granted with conditions correspond with some of the reasons for which you may arrest. For example, you may be concerned that the person will interfere with a witness, and you want to respond to that risk by imposing bail conditions. Preventing interference with witnesses is also a reason for which you may arrest. Consequently, if the person refuses to attend the police station voluntarily, you can arrest them provided you are satisfied the arrest is reasonably necessary to prevent that interference, and impose appropriate bail conditions to address that concern. Alternatively, you may have serious concerns about the safety of a witness, causing you to consider that bail should be refused. Protecting the safety of any person is also a reason for which you may arrest. Consequently, you can arrest if you are satisfied the arrest is reasonably necessary to protect the safety of the witness, and refuse bail to address that concern. If the bail concerns for the new offences are assessed as creating an unacceptable risk, bail must be refused. The person must be arrested for this purpose. Adding sequences to the existing charge (H-number) versus creating a new charge (H-number)




The correct process depends on whether the original offences have been before the court. If they have, you will need to create a new H-number for the new offences so that the new bail conditions are applied only to the new offences. An authorised police officer has no power to make any bail decision in relation to offences that have been before a court. If the original offences have not been before the court, the best option is to add the new offences to the existing H number. Any bail conditions imposed on the new offences will automatically apply to the previous offences. As such, an authorised officer who is more senior than the authorised officer who determined the original bail decisions must carry out the bail determination in relation to the new offences. What to include in the fact sheet In the fact sheet for the new offences, clearly state that the new H number is related to the original offences under the old H number. This will enable the prosecutor to ensure all the matters are dealt with together, either by re-listing the original maters or adjourning the new matters to the same date for which the original matters are listed. The court can then make a bail decision in relation to all the offences at that time. See: Police Monthly August 2017 - Getting Bail Right for Additional Offences Care when stopping/ arresting motorists When stopping and arresting motorists do not put the public, other police or yourself at unnecessary risk. Call for help to reduce the risks, particularly when a dangerous criminal is involved. Arrest teams A police officer may arrest a person without a warrant if directed to do so by another police officer. The other police officer is not to give such a direction unless they may lawfully arrest the person without warrant. Briefing notes and operational orders may contain such directions. The officer making the direction must be satisfied that the arrest is reasonably necessary for one or more of the reasons set out in section 99 (1) (b) (listed above). Operations commander When you use arrest teams put in place a system that will: • ensure a common informant for charges, who is not part of the arrest team (to allow charges to be

processed without delay) • enable the common informant to identify which police officers witnessed the offence and which officers

made the arrest, and establish the brief facts of the offence (consider using a field arrest form and photographing the offender with the arrest team before transporting to the station).

Detained Persons’ Property - bulky items When taken into custody, a person may have property of substantial bulk (e.g. a vehicle, television, radio or animals) in their immediate charge. Where practicable, help the person make reasonable arrangements for security, safekeeping or disposal of the property. This may include, for example, locking vehicles, engaging security systems or allowing the person to contact a third party to arrange safekeeping. Record these actions in your notebook. If an arrested person is bail refused and transferred to Corrective Services, remember that there are limits on the amount of personal property that can be received (no more than property equivalent to carry on luggage for air travel. If there is no alternative manner to dispose of the property, additional property will need to be retained by Police and entered in EFIMS.

Assistance Animals (Chapter reviewed and updated on 6 May 2019 [Biannual Review])

Assistance animal An 'assistance animal' is a dog or other animal that has been: • accredited under a law of a State or Territory that provides for the accreditation of animals trained to

assist a person with a disability to alleviate the effect of the disability; or • accredited by a prescribed animal training organisation; or • trained:

o to assist a person with a disability to alleviate the effect of the disability; and o to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.

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Assistance animals are not the same as 'companion animals' or pets. The animals must have been specifically trained to alleviate the effects of the disability (for example, guide dogs or hearing dogs). Under Commonwealth and NSW discrimination law, the term 'disability' is inclusive of mental illness. Any kind of animal is able to be an assistance animal. The term 'animal' is not limited to dogs. Public space Commonwealth and NSW laws allow people with a disability to be accompanied by an assistance animal on public transport and in any public space, including buildings. Public space means any building or place open to or used by the public, and any public transport. This includes all NSWPF buildings, police stations, office buildings, restaurants, shopping centres, the airport, airplanes, trains, buses, ferries and taxis. Assistance animals do not have to be allowed to access public places if: • it is reasonably suspected that the animal has an infectious disease and may be a danger to public

health; • the animal is considered to be aggressive and dangerous; • no evidence can be produced to show that the animal is an assistance animal (See: ‘NSWPF

Assistance Animals procedures’, below). Disputes and offences Police may be called to disputes concerning assistance animals in public spaces, particularly relating to assistance animals not being allowed on public transport or in restaurants. It is an offence for a person to deny an assistance animal entry to a public place, building or public transport. It is also unlawful to aid and abet another person in discriminatory conduct against a person with an assistance animal. Police must also be careful to avoid engaging in such conduct. If you are called to a dispute involving access for a person accompanied by an assistance animal, you should be clear about the reasons given for the assistance animal being denied entry. If it appears the reasons are not based on the permitted exclusions (see above), this may amount to discrimination on the part of the person refusing access. In such circumstances you should inform the person refusing access that a person with a disability is entitled to be accompanied by an assistance animal in a public space. Police cannot force the person to allow access to the companion animal, however police are authorised officers under the Companion Animals Act 1998 and are able to issue a penalty notice to a person for refusing entry to an assistance animal. Penalty notices, in the usual form, can be issued if police are of a view that there is no reasonable basis to exclude the assistance animal. Detailed guidance on interacting with people accompanied by assistance animals can be found in the NSWPF Assistance Animals Procedures, including: • Identifying an assistance animal • Assistance animals in police stations • Searching a person with an assistance animal • Assistance animals in custody • Transport of assistance animals • Assistance animals in public places

Police Generally The NSW Police Force is a partner agency with Guide Dogs NSW/ACT. Where police are responding to an incident where a person and their Guide Dog have been denied entry and police are unable to resolve the issue, an infringement notice can be given to the person or business denying entry or charging an entry fee to the Guide Dog. The Companion Animals Act 1998 (CAA) defines Guide Dogs as assistance animals and under sections 60 and 61 outlines the offence of refusing entry to an assistance animals (e.g. Guide Dogs) to buildings or places open to or used by the public and that it is unlawful to impose a charge for the entry of an assistance animal. Guide Dogs NSW/ACT and Guide Dog users are being encouraged to report all incidents to police. For more information, visit the Vulnerable Communities Strategy and Knowledge Map: Reference Material The NSWPF Assistance Animals Procedures: http://intranet.police.nsw.gov.au/__data/assets/file/0005/412916/Assistance_Animals_Procedures_December_2011.pdf

http://intranet.police.nsw.gov.au/__data/assets/file/0005/412916/Assistance_Animals_Procedures_December_2011.pdfhttp://intranet.police.nsw.gov.au/__data/assets/file/0005/412916/Assistance_Animals_Procedures_December_2011.pdf




Disability Discrimination Act 1992 (C'wealth): http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/ Companion Animals Act 1998 (NSW): http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1998174/ Anti-Discrimination Act 1977 (NSW): http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/

Aviation Support (Chapter reviewed and updated on 7 May 2019 [Biannual Review])

Aviation Support assistance The purpose of the Aviation Support Branch (ASB) is to provide a proactive and responsive aviation service throughout NSW to support crime reduction and detection, operations, emergencies and counter terrorism for the NSW Police Force. Whilst we are a strategic resource, our focus is on proactive support to frontline officers in both the metropolitan and rural areas through aerial patrols and in search and rescue response. We are also committed to providing specialist police with transport and tactical support platforms with the ability to operate day and night in overt and covert mode. We encourage you to contact us if you believe we can provide beneficial support, or advice and guidance, to your operation. Costs There is no cost to the requesting Command for the provision of Aviation Support Branch services in general. However, in exceptional circumstances where the ASB cannot arrange a suitably secure hangar during country deployments, the requesting command will need to assist with ensuring the security of the aircraft, which is a multi-million dollar, strategic NSWPF asset. These arrangements may include provision of a police officer or private security guard to ensure the security of the aircraft. Security needs to be organised from the time the ASB crew cease duty until they resume the following shift. Costs for these arrangements are to be met by the command requesting ASB services. Contact For aviation support during business hours, contact the Aviation Support Branch Shift Supervisor or Operations Manager. After hours requests can be made via the State Co-Ordinator. Further information can be obtained from the Aviation Support Branch intranet site. Helicopter safety procedures A secured landing area 30m x 30m is required clear of powerlines, trees and other obstacles. • Do not approach a helicopter until signalled by the pilot. Prior to approach, remove any headgear, clip

on ties, handkerchiefs, etc. • Tasers or OC spray are NOT to be taken on board the aircraft. • Stand to the front of the helicopter, in full view of pilot and crew, between a 10 o'clock to 2 o'clock

position. • Give a 'thumbs up' signal to the pilot and wait for same from them before approaching the aircraft. • At night, stand in the same position and flash a torch/light on and off once. The pilot approves approach

by giving an on/off flash of the landing light. • Slowly approach from the front (never from the rear) in a crouching position, at all times in full view of

the pilot and crew. If the ground is uneven, approach from the down slope side. If blinded by dust etc, sit on the ground and wait for help. If carrying any items, ensure they are carried parallel to the ground.

• Generally, a crew member will help you to and from the helicopter. Civil Aviation Act, Regulations and orders See: 'Miscellaneous matters'.

Bail Act (Chapter updated 1 September 2016 [D/2016/124738]) For Detailed SOPs and eGuides, see Bail Reform 2014 at: http://intranet.police.nsw.gov.au/eguides/bail_reform For domestic violence related matters See: 'Domestic & Family Violence'.

http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1998174/http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/http://intranet.police.nsw.gov.au/policy_and_procedures/operational_policies/police_handbook/chapter_m/miscellaneous_mattershttp://intranet.police.nsw.gov.au/eguides/bail_reformhttp://intranet.police.nsw.gov.au/policy_and_procedures/operational_policies/police_handbook/chapter_d/domestic_violence




Bail Act Matters Refer to the Bail Act for: • Powers to grant bail • Show Cause offences • Bail Concerns, Unacceptable Risks and Bail Assessments • Entitlement to bail - Right to Release Offences

Bail Decisions A police officer may make a bail decision for an offence if the accused is present at a police station and the officer is: • of or above the rank of sergeant and present at the police station, or • for the time being in charge of the police station.

Police officers with power to make a bail decision (bail authorities) are guided through a risk assessment and management process on WebCOPS. The Bail Decision is recorded on a Reasons for Bail form which is automatically populated with the information provided during the risk assessment. The Reasons for Bail form will show the information and reasoning used in making your decision. Treat each bail decision on its own merits e.g. in the case of two people charged with stealing: • one may be granted unconditional bail • the second may have bail refused due to unacceptable risks found because of their history (e.g. failing

to appear at court). Consider issuing a No Bail court attendance notice for those matters in which there are no bail concerns identified. See: 'Court attendance notice system (CANS)'. Show Cause Offences Show cause provisions do not apply to anyone under 18 years old at the time of the offence. For these offenders, the bail decision making starts at the risk management process. A person 18 years old or over who is charged with a Show Cause Offence must be bail refused unless they show why their detention is not justified. If the accused does show cause, the risk management process still needs to be followed. What is a Show Cause Offence? When charges are entered into WebCOPS, it will automatically detect certain show cause offences and may ask the person making the bail determination for more information (e.g. does the offence relate to a firearm or military style weapon?). If a show cause offence is not detected, the officer making the bail decision will be directed straight to the risk management process. Some offences will automatically be show cause offences, such as murder, large commercial drug supply and sexual assaults of persons under 16. For other offences, it will depend on the facts of the case and/or the accused person’s criminal record. For example, if, while on bail or parole, an accused person commits an offence that carries five or more years imprisonment, they will also have to ‘show cause’. How does an accused Show Cause? To assess whether the person charged has shown cause, use what they say, and any other information available to you (whether it be from the accused or someone else) to make your determination. Include in your consideration (i) the strength of the prosecution case, (ii) whether the length of time the accused will spend in custody on remand is likely to exceed any custodial sentence that might be imposed, and (iii) whether the accused has urgent or special medical needs or responsibilities. Risk Management: Bail Concerns and Unacceptable Risk A police officer making a bail decision must assess any bail concerns. A bail concern is a concern that an accused person, if released from custody, will:

a) fail to appear at any proceedings for the offence, or b) commit a serious offence, or c) endanger the safety of victims, individuals or the community, or d) interfere with witnesses or evidence.

If satisfied after a bail assessment that the bail concern is an unacceptable risk, bail must be refused. Bail Considerations




A bail authority making an assessment of bail concerns is to consider the following matters only. Familiarise yourself with the bail considerations (s18). When making a determination, take the following into account: 1. the accused person’s background, including criminal history, circumstances and community ties, 2. the nature and seriousness of the offence, 3. the strength of the prosecution case, 4. whether the accused person has a history of violence, 5. whether the accused person has previously committed a serious offence while on bail, 6. whether the accused person has a history of compliance or non-compliance with bail acknowledgments,

bail conditions, apprehended violence orders, parole orders or good behaviour bonds, 7. whether the accused person has any criminal associations, 8. the length of time the accused person is likely to spend in custody if bail is refused, 9. the likelihood of a custodial sentence being imposed if the accused person is convicted of the offence, 10. if the accused person has been convicted of the offence and proceedings on an appeal against

conviction or sentence are pending before a court, whether the appeal has a reasonably arguable prospect of success,

11. any special vulnerability or needs the accused person has including because of youth, being an Aboriginal or Torres Strait Islander, or having a cognitive or mental health impairment,

12. the need for the accused person to be free to prepare for his or her appearance in court or to obtain legal advice,

13. the need for the accused person to be free for any other lawful reason, 14. the conduct of the accused person towards any victim of the offence, or any family member of a victim,

after the offence, 15. in the case of a serious offence, the views of any victim of the offence or any family member of a victim

(if available to the bail authority), to the extent relevant to a concern that the accused person could, if released from custody, endanger the safety of victims, individuals or the community,

16. the bail conditions that could reasonably be imposed to address any bail concerns in accordance with section 20A.

The person charged has a right to be given the opportunity to show cause, for show cause offences, and to be heard on all criteria on which a risk management decision is made. Include their legal representative, if present. When you make determinations, tell the accused of their right to communicate with a lawyer or someone of their choice in connection with bail. If a request is made, provide reasonable facilities to do so. The Bail Authority is not bound by rules of law governing the admission of evidence and may take into account any evidence/information considered credible or trustworthy in the circumstances. (Section 32: satisfied on balance of probabilities). Notifying bail decisions Domestic violence offences If you grant or refuse bail in domestic violence cases, advise the informant (if not a police officer) of the decision. The notice will contain information pursuant to the Regulations (clause 14). Personal violence and Sexual Assault offences Informant officer Notify the victim of the court's bail decision. If the victim died as a result of the offence, notify the close relatives of the court's bail decision (clause 15). Conditional bail – school attendance MOU for Information Exchange between Schools and NSW Police 2011 and SMIT This MoU permits Police to share information which assists school staff to make schools safer and NSWPF to prevent, reduce, investigate and solve crime. Police may provide details to that offender’s School Principal, in accordance with the MoU, of charges, bail conditions, the progress of matters relating to a named offender, existence of AVOs and PVOs and, if relevant, details of any associate of the student. Granting bail

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When someone is granted bail, the bail authority completes a -Bail Acknowledgment in either paper based or electronic format. Bail may be granted conditionally or unconditionally. Bail people three weeks ahead to the next court list day. For domestic violence matters bail to the AVO return date. For charges subject to Serious Motor Vehicle Collision Review and where conditional bail is granted, bail people six weeks ahead to the next court list date. Unconditional bail This is where there are no bail conditions imposed. A Bail Acknowledgment will still contain a requirement to appear in court on the date shown on the bail acknowledgment form. Prepare the form in triplicate. You and the accused person sign it. The form is not valid unless signed. Ensure the charge case reference number appears on the form, if not, place it on the top right corner. Take reasonably practicable steps to ensure that the person granted bail understands the bail acknowledgment. Conditional bail Bail conditions may only be imposed after assessing bail concerns. A Bail assessment is to take into account the Bail Considerations. Bail conditions must only be put in place to address a bail concern. A bail concern that cannot be addressed by appropriate bail conditions, having regard to the other considerations, may be an unacceptable risk. A bail authority may impose a bail condition only if the bail authority is satisfied that it: a) is reasonably necessary to address a bail concern, and b) is reasonable and proportionate to the offence for which bail is granted, and c) is appropriate to the bail concern, and d) is no more onerous than necessary, and e) it is reasonably practicable for the accused person to comply with, and f) there are reasonable grounds to believe that the condition is likely to be complied with. The circumstances of the offence and of the accused person help determine what conditions are appropriate e.g. you may impose a condition that someone charged with an assault not approach the victim or their home. Take all reasonable steps to ensure the person signing the bail acknowledgment is aware of their obligations and the consequences which may follow if the accused does not comply with the bail undertaking. The conditions are printed on the Bail Acknowledgment Form. Prepare the form in triplicate immediately after determining the bail and before releasing the accused. You, the accused and the acceptable person, where applicable, sign it. The number of copies depends on the conditions imposed. Standardised Bail Conditions The Justice Cluster (including Police) has developed a list of pre-formatted bail conditions. These have been included as the template bail conditions in WebCOPS. These provide the wording for the conditions you impose, unless there is good reason not to. Imposing bail conditions in this uniform, predictable format will assist Police, Court Process Officers and Court Officers to accurately record and enforce bail conditions. Refusing bail When you refuse bail take the accused before court as soon as possible. Bail may be refused because the accused person has not shown cause for a show cause offence, or they have been found to pose an unacceptable risk. Warrants You cannot grant bail or release a person without bail if the accused person has been arrested under a warrant to bring the person before a court for sentencing (section 25(2) warrant) unless satisfied that exceptional circumstances justify the grant of bail (section 43). If a warrant for the arrest of a person is issued in relation to a breach of bail, deal with the person in accordance with the warrant (section 77). Generally, a person who is arrested under a warrant must be brought before a Judge, a Magistrate or an authorised officer as soon as practicable. Right to Release Offences




An accused person who poses an unacceptable risk and is only charged with an offence or offences that carry a Right to Release cannot be refused bail. Even when there is an unacceptable risk, and no bail conditions can properly address that risk, bail cannot be refused. Generally, for right to release offences only, the accused should be granted conditional bail. However, if the charge also contains other offence/s that do not carry a right to release, the accused may be bail refused if an unacceptable risk is found. Right to Release offences are listed in section 21 of the Bail Act 2013. Generally, these are fine only offences, summary offences, and offences dealt with under Youth Justice Conferences. But some summary offences are excluded, and the specific offence and criminal history needs to be known to make a determination of exclusion. Split bail (Security Requirements) This is used when someone in custody has been granted bail and a person goes to a distant station wanting to provide the security required as a pre-release bail condition. If granted conditional bail by a court, during court business hours, refer them to the nearest court registry. Otherwise contact the station or custody facility holding the person as described. A message is usually received at the custody station from the distant station that someone wishes to bail an offender. Tell the distant station of the bail conditions. If appropriate fax a copy of the Remand Warrant to the distant station or inform them of the charge number if the bail is contained within the Charge Management System on COPs. Only a police officer with power to grant bail can (a) accept security, (b) decide that a person is an acceptable person and (c) enter an acceptable person into a security agreement. For example, an officer at a distant station is not able to accept a security if they did not have the power to make a bail determination in the first place. Distant station Check that there is a police officer present that can accept the security, decide that the person is an acceptable person and enter the acceptable person into the security agreement. If not, the prospective acceptable person should be referred to a station where there is a police officer with power to grant bail available. • Contact the police station or custody facility that is currently holding the accused person. Find out the ‘H’

number for the BAILCAN. • Determine the acceptable person's suitability • Print and provide the acceptable person with a copy of the bail acknowledgement form and the security

agreement to be signed. • Ensure all conditions are able to be fulfilled. • Enter that part of bail with the person on the relevant form (“Security Agreement – Acceptable Person –

Forfeiture”, or “Security Agreement – Acceptable Person – Deposit”) • Endorse on top of the form 'split bail with (station name)' • In the case of cash deposit, issue a general cash receipt • Contact the custody station and inform the authorised officer that bail has been entered • Supply a copy of Security Agreement and the general cash receipt number issued (if a deposit was

required to be made) to the Custody station and to the acceptable person. • Ensure the receipt’s reference number in entered into COPS. • Lodge the money or security, together with the relevant bail acknowledgment and bail security

agreement, with the registrar of a court, by the end of the next business day. If the accused person is at a custody facility such as a remand centre: • Request that centre/facility provide you with a copy of the Bail Acknowledgement form (it won’t be

signed by the accused person) and a copy of the security agreement for the acceptable person to sign. • Determine the acceptable person's suitability • Enter that part of bail with the acceptable person on the relevant security agreement • Provide a copy of the Bail Acknowledgement to the acceptable person.

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• Provide a copy of the signed security agreement and general cash receipt (if a deposit of cash was required) to the custody facility that is currently holding the accused person and to the acceptable person.

Authorised officers When you determine the person is not an acceptable person: • indicate to them the non-acceptance of them as an acceptable person • notify the custody station immediately • fax a copy of your decision to the custody station and mail that copy to the custody station • file a copy of the decision with the filed bail forms • forward the original to your local court.

Custody station The custody station will provide the court (through the prosecutor/court process GASO) and accused person with the Bail Acknowledgement form signed by the accused person and a copy of any signed bail agreement. Authorised Officer On receipt of the Security Agreement form and general cash receipt or message from distant station: • complete a bail acknowledgment form • clearly mark on the bail form 'split bail with (station name)' • you, and the offender, sign the form • send the original bail acknowledgment to local court • hand the duplicate to the offender • file the triplicate at the station • file the copy of the Security Agreement form with the triplicate copy until you receive the copy of the bail

form by from the distant station. When you receive this copy, replace the filed copy • write the general cash receipt number on the bail form if cash was lodged at the distant station • release the offender.

Where necessary, confirm any matters and make an entry in WebCOPS (Custody Management System). Character Acknowledgments A character acknowledgment is an acknowledgment, given by an acceptable person that he or she is acquainted with the accused person and regards the accused person as a responsible person who is likely to comply with his or her bail acknowledgment. A character acknowledgment requirement can be a pre-release condition. This requirement should only be made if the purpose for imposing it is not likely to be achieved by imposing one or more conduct requirements. Police imposing this bail requirement are required to Record the reason for imposing it. Split bail (Character Acknowledgment) This is used when someone in custody has been granted bail and a person goes to a distant station wanting to provide the character acknowledgment required as a pre-release bail condition. If they are an acceptable person, they may make an acknowledgment to any other bail authority (including distant police station). A similar process adopted for the Split Bail (Security Requirements) is adopted (See above). Instead of a security agreement being signed by the acceptable person and sent to the custody station, a Character Acknowledgment is signed and sent to the custody station. No security agreement or receipts need to be issued unless there is a separate Security Agreement. Only a police officer with power to grant bail can decide that a person is an acceptable person. The custody station will provide the court (through the prosecutor/court process GASO) and accused person with the Bail Acknowledgement form signed by the accused person and a copy of any signed Character Acknowledgment. Acceptable Persons Acceptable persons are required to satisfy one or both of two bail requirements; Character Acknowledgments or Security requirements. Both of these are pre-release requirements.




Do not make a decision that a person is an acceptable person until a P509 Acceptable Person - Application has been completed and signed, and you are satisfied of both identity and address. If an acceptable person is unknown to you and you are suspicious, make inquiries with the Criminal Records Unit. Exercise the greatest care when certifying people as acceptable for bail or when providing reports on intending acceptable people. Do not take the word of anyone, offering themselves as acceptable, as to their assets. Satisfy yourself on this point. Do not accept solicitors' clerks as acceptable people for bail for their employer's clients. Reporting Professional Acceptable Persons If you become aware of people repeatedly offering themselves as acceptable persons, possibly for financial benefit, send a report to your commander. Acceptable Persons Unable to Write When acceptable people are unable to write and sign their names, they may make their mark on the bail form and you witness it. Endorse the form in the following terms:

"The contents of the attached document have been read over to ...who fully understands its nature and contents".

Accepting Security Do not accept vehicles, jewellery or real estate as security for bail purposes. Refer people wishing to lodge title deeds as security to the nearest local court. Enforcement Orders An enforcement condition is a bail condition that only the court may impose, on the request of a prosecutor. An enforcement order requires the accused to comply with certain directions issued by police for the purpose of monitoring or enforcing compliance with an underlying bail condition. For example, an underlying bail condition may be that an accused abstain from alcohol and an enforcement condition may be that the accused submit to a breath test, as directed by police, to check his compliance with the abstinence condition. If an enforcement order sought by police as a bail condition, before the matter goes to court, advise the prosecutor of the underlying condition, enforcement condition, circumstances directions may be made and reasons why an enforcement order is appropriate. Review of bail decisions Informant - Court Bail Police may make a detention or variation application to the court to re-determine a court's bail determination. Police can only make these applications when material information is to be presented that was not presented in the previous application, or relevant circumstances have changed. If these criteria are not met, and you are unhappy with a determination or you believe it was not in the public interest for bail to be granted, promptly consult your prosecutor. If the Appeals Unit decides to proceed, responsibility to provide information and documentation rests with you. Request by accused (S 47) If the accused is bail refused or unable to meet their pre-release conditions, the accused has a right to request a review of their bail decisions by a Senior Officer. A Senior Officer is senior either in rank or equivalent time at rank to the officer who originally determined the bail. You do not have to go to the Duty Officer to get the bail reviewed, but the review may only be completed by a Senior Officer. If there is no Senior Officer available to do the review at the police station the accused is at, it may be carried out remotely by any other senior police officer. An Accused Person must be informed that they can seek a review of a police officer’s bail decision. A senior officer must conduct a review unless a review has already been conducted, or it would be quicker to bring them before the Court. The Senior Officer is to make a further bail determination taking into account all factors and requests made by the accused. The power to review a decision is a power: • to affirm the bail decision, or • to vary the bail decision, by substituting a new bail decision, or varying bail conditions.




Bail decisions are made by the reviewing officer by utilising the Risk Assessment process to make a determination. This is the same process used in the original police bail decision. Pre-Release Requirements A pre-release requirement is a bail condition that must be complied with before the accused person is released on bail. The only conditions that can be imposed as pre-release requirements are: • conduct requirement to surrender passport • provision of security • character acknowledgement(s) • accommodation requirement.

Where the accused person is granted conditional bail but cannot meet pre-release bail conditions and they request a review of bail, a senior officer must conduct a review unless a review has already been conducted. Non-Compliance with Bail Conditions When you reasonably believe someone has failed, or is about to fail, to comply with bail undertakings or conditions, you may decide to:

(a) take no action, or (b) issue a warning, or (c) issue an application notice to the person that requires the person to appear before a court or (d) issue a CAN (if you believe the failure is an offence), or (e) arrest the person and take them to court, or (f) apply for a warrant to arrest the person.

There are four things you are to consider in deciding what action to take. You can discontinue an arrest on the basis of these considerations: 1. the relative seriousness or triviality of the failure or threatened failure, 2. whether the person has a reasonable excuse for the failure or threatened failure, 3. the personal attributes and circumstances of the person, to the extent known to the police officer, 4. whether an alternative course of action to arrest is appropriate in the circumstances. If a breach of bail requirement or condition is detected, and you arrest someone for breach of bail, create a NOBAILCAN for 'Detention Application - Arrest' under a new and separate H number. 'Link' this 'H' number to the substantive 'H' number/s, that is, to the charges the accused person is/was on conditional bail for and subsequently breached. Detailed instructions on Breach Actions are included in the Standard Operating Procedures for Bail. See: http://intranet.police.nsw.gov.au/eguides/bail_reform Arrest may be discontinued If you come into possession of evidence that causes you to believe that the person arrested has not failed to comply with their bail requirements or conditions (i.e. the person supplies a bona fide reason), discontinue the arrest and release the person. Intoxicated Persons An intoxicated person is a person who appears to be seriously affected by alcohol or another drug or a combination of drugs. You may defer making a bail decision in respect of a person while they are intoxicated, but only if the deferral does not delay bringing the person before a court. When it would be quicker to put an intoxicated person before a court than wait until they are no longer seriously affected by alcohol or drugs, the procedure is to not make a bail decision. Just accept the charge and put the intoxicated person before the court. If it won’t be quicker to take the accused person to court, as soon as they are no longer seriously affected by alcohol or drugs, make a bail decision as normal. After a lawful arrest, once the purpose of detaining a person in custody under Part 9 of LEPRA is no longer for investigating the offence, you can’t use their intoxication as a ‘time-out’. At the time you make a bail decision or decide to defer making a decision, the accused person is no longer detained under Part 9. You can’t use their intoxication as a ‘time out’ under Part 9 after they have been charged.

http://intranet.police.nsw.gov.au/eguides/bail_reform




Arrest of offenders without warrant Police generally When you exercise your powers of arrest without warrant under Part 8 Law Enforcement (Powers and Responsibilities) Act 2002, and you suspect on reasonable grounds that the person may not appear before a court in respect of the offence, consider the need for imposing bail with appropriate conditions. For example, conditions may be appropriate if offender resides overseas and/or is in possession of a foreign passport and/or an Australian passport and is suspected to be a flight risk. A relevant bail concern may be that the person would “(a) fail to appear at any proceedings for the offence”. The bail assessment might include considerations of “(a) the accused person’s background, including criminal history, circumstances and community ties”. Bail conditions might include the surrender of the person’s passport, not to approach any point of international departure, reporting conditions and a security. Record the details of any passport surrendered to police as Miscellaneous Property in EFIMS and issue a receipt. Secure the passport(s) with other valuable miscellaneous property. Investigating police should not retain possession of any surrendered passport. Authorising police officer If bail is determined to be appropriate by the police officer acting as a bail authority, consideration should also be given to a condition of bail, in consultation with the OIC of the case, that the offender is to surrender their passport to police, as in the example above. If the person is not in possession of their passport at the time of their arrest, the offender may need to make arrangements with another person to deliver the passport to police before the person is released on bail. The bail condition to surrender the passport can be a pre-release requirement; a condition that must be complied with before the person is released on bail. Further conditions of bail that address the bail concern that “(a) fail to appear at any proceedings for the offence” may include, that the offender is not to apply for another passport, not to leave Australia and not to approach any point of overseas departure. Also ask the offender whether he or she has dual citizenship in Australia or another country. If so, a further condition of bail may be imposed to surrender any other specified passport to police. See: ‘Passports surrendered as bail condition’ regarding further police action. Passports surrendered as bail condition When an offender has surrendered their Australian passport to police or to the court and/or the offender is not to apply for an Australian passport, as a condition of bail as imposed by police or the court, fax or e-mail the following to the Sydney Passport Office, Department of Foreign Affairs and Trade (DFAT) or the Competent Authority Unit, DFAT, Canberra: • A completed Australian Passport Refusal Request (Annex 18) form; • a copy of the bail conditions (and court order if available); and • a copy of the biodata page of the passport (if available)

Include details of any foreign passports if the offender has dual citizenship in Australia and another country. The contact details of DFAT in Sydney or Canberra are on the request form if urgent assistance is required in processing the request. If the request is urgent and after hours, telephone the DFAT Consular Emergency Centre. In rare cases, an Australian Passport Cancellation Request (Annex 19) may be made in connection with the conditions of bail. These requests are personally considered by the Minister for Foreign Affairs and DFAT has requested they will need to be signed by the Commissioner of Police or a Deputy Commissioner. Be aware that information supplied to DFAT in connection with requests to refuse or cancel an Australian passport may be made available to the offender. Do not use the Passport Surrender Information form P.555 for the purpose of notifying DFAT. If the offender has surrendered their foreign passport and/or the offender is no

Documents

NSW POLICE FORCE HANDBOOK · Customer Service ... • Assist in the development of Aboriginal Action Plans and other crime prevention initiatives within their community. See: Aboriginal