R.06 Release on bail
The purpose of this section is to ensure that prisoners who have been granted bail by the Courts are managed appropriately and are released only after all the necessary checks have been completed.
Notification of bail
- The Court is to advise when a prisoner has been granted bail by both telephone, and facsimile.
- Staff verify the validity of the notice of bail or bail bond by:
- telephoning the relevant Court, and
- receiving a facsimile copy of the notice of bail or bail bond.
- In the event of short notice bail (usually for compassionate reasons) being granted for a prisoner in custody, that prison must notify the Corrections Incident Line, and provide the prisoner’s details and bail conditions.
R.06.01 Check bail information
- Check the prisoner's file for all warrants of imprisonment including those issued cumulatively.
- Check all CRN numbers on which prisoner is to be bailed, and reconcile these to the CRN numbers on the warrant and recorded in IOMS.
- Advise the Court immediately if the CRN numbers do not match exactly, so that the issue can be resolved as quickly as possible.
- If the conditions of bail require the prisoner to be subject to electronic monitoring on their release, staff must immediately forward a copy of the notice of bail or bail bond by email to [firstname.lastname@example.org] the National Office EM Bail Team.
- Where bail is dependent upon a surety, the prisoner is not released until written notification of the signing of the appropriate documents is received from the Court by facsimile.
R.06.02 Prisoner released on bail
- 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:
- The prisoner is brought into the presence of the prison director or delegated officer who discusses bail requirements and ensures that the prisoner fully understands the conditions of bail.
- The prisoner signs bail document in the presence of the prison director or delegated officer, who then countersigns and dates it.
- The prisoner is provided a copy of the notice of bail or bail bond, and the duplicate copy is placed on the prisoner's file.
- Original notice of bail or bail bond is sent to the relevant Court.
- In the event of short notice bail (usually same day) being granted for a prisoner in custody, that prison must email a copy of the signed bail document to email@example.com.
- Receiving officer proceeds with release action.
- If the prisoner is subject to the CSO Register the delegated officer must ensure the prisoner fully understands the register obligations and issues a copy of the R.08.Form.01 Notice of Reporting Obligations (NORO) from the Release Detail Screen (IOMS) along with a copy of the CSO Register Information Booklet. The prisoner and delegated officer must sign and date the R.08.Form.01 Notice of Reporting Obligations (NORO) and then a copy of the signed R.08.Form.01 Notice of Reporting Obligations (NORO) must be scanned and e-mailed to the National CSO Registry CSORegister@police.govt.nz.
- Immediately on the release of the prisoner, who is subject to electronic monitoring as part of their bail conditions, staff must telephone the EM Bail Team on 0800 – EMBAIL [0800 – 362245] and advise the EM Bail Team the offender has been released.
R.06.03 Prisoner fails to return from short notice bail
- If any prisoner that has been granted short notice bail (usually for compassionate reasons) by the courts fails to return to prison by the time specified on the bail notice the prison that released the prisoner must:
- Inform the Corrections Incident Line.
- Provide the prisoner’s full name, PRN, and DOB.
- Provide the bail address and any other relevant details.
- Phone Police Communications on (04) 4601732.
- Advise Police Communications that the prison is reporting a breach of bail conditions, not an escape from custody and therefore the Police Code should be “6D”.
- Provide the prisoners full name, PRN, and DOB.
- Provide the bail address and any other relevant details including bail conditions, release time and their original expected return time.
- Advise that the Police National Command and Coordination Centre (NCCC) will be sent a copy of the compassionate bail notice.
- Request the Police Event Number.
- Email Police at firstname.lastname@example.org.
- In subject header, provide the PRN of prisoner, the fact they have failed to return from short notice bail (for compassionate reasons) and the Police Event Number (No other details or text required)
- Attach the bail notice to the email.
- Inform the relevant court (that granted the short notice bail), by phone or email using the Receiving Office’s local court contacts that the prisoner has failed to return from bail.
- Provide prisoners full name, PRN, and DOB.
- Inform that the Police have been notified.
- Provide the Police Event Number.
- Input an incident report onto IOMS as per IR.06.Sch.01 Incident Categories.
- Inform the Corrections Incident Line.