C.04.03 Release on Bail (National Procedure)

Procedure Standard

• A prisoner's release on bail meets legislative requirements.

Procedure

1. Notification of bail, bail bonds and any requirement for a surety (i.e. guarantor) is received from the court by telephone, and followed immediately by facsimile (fax).
2. Notification of the court's advice is verified by telephoning the relevant court to establish validity of notice of bail or bail bond.
3. Court's advice is obtained for all the CRN numbers on which prisoner is to be bailed.
4. The type of bail bond is identified.
5. The prisoner's file is checked for all warrants of imprisonment including those issued cumulatively.
6. The CRN numbers on all the prisoner's warrants are reconciled with all the CRN numbers advised by the court.
7. Where all CRN numbers do not match exactly, the court is advised so that the issue can be resolved as quickly as possible.
8. Where all CRN numbers match exactly, the notice of bail or bail bond is completed with all relevant information and conditions as obtained from the court.
9. Where bail is dependent upon a surety being required, the prisoner is not released until written notification of the signing of the appropriate documents is received from the court by facsimile.
10. Prisoner is brought into the presence of the Prison Manager or delegated officer who discusses bail requirements and ensures that the prisoner fully understands the conditions of bail.
11. Prisoner signs bail document in presence of the Prison Manager or delegated officer who then countersigns and dates it.
12. Prisoner retains the copy of the notice of bail or bail bond, and the duplicate copy is placed on the prisoner's file.
13. Original notice of bail or bail bond is sent to the relevant court.
14. Receiving officer proceeds with release action.

Key Roles and Responsibilities

Prison Manager or Delegated Officer

1. Explain bail conditions.
2. Check release document.

Receiving Officer

1. Verify validity of bail.
2. Arrange bail procedure.
3. Action checklist.
4. Release prisoner on bail where surety of bail process has been complied with.