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Mana Whanonga Pirihimana Motuhake

Home / Outcomes / 2023-summaries-of-police-investigations

Officers in the Waikato grant Police bail in breach of the Bail Act

13 March 2023

The Authority oversaw a Police investigation into an allegation two Police officers granted Police bail in breach of the Bail Act, resulting in four individuals charged with violent offences being released; two of them to an address next door to their alleged victims. When the defendants appeared in court, the Police prosecutor did not ensure their bail address was changed, and, due to a court error, the other two defendants were bailed to the victims’ address. The victims left their home because of fears for their safety.

The investigation found the initial Police bail was invalid because Police can only issue bail if the next court date is within seven days (and in this case, it wasn’t). Also, both officers should have given more thought to keeping the defendants in custody to appear in court the next day. When the defendants did appear in court, the Police prosecutor should have opposed the bail address and explained why.

One of the officers has since left Police but the other officer and the Police prosecutor received the appropriate employment sanction. The victims were offered compensation by Police.

The Authority is satisfied the Police investigation was thorough and came to appropriate conclusions.

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