Bail-check confusion leaves lawyer worried

People accused of crimes could spend longer than necessary in custody because of an apparent change in the way police are dealing with bail, a lawyer has warned.

But police say the process has not changed and glitches may be down to confusion on a busy day.

The process for defendants appearing in Palmerston North was lawyers would give a phone number to police who run the courthouse cells and they would call to check if a person at that property was happy to house a defendant on bail.

But defence lawyer Tony Thackery told the Palmerston North District Court on Tuesday the process had changed.

He was representing 17-year-old Kalias Stevens-fraser, who faces two charges of burglary and one each of shoplifting and assault.

He allegedly spat at a police officer, with the spit hitting the officer’s boot, while one burglary charge involves him allegedly breaking into an empty house to cook food.

The main issue was his bail status.

He had been in custody since early January, but 17-year-olds are not to be kept in custody unless it is absolutely necessary.

Thackery said Stevens-fraser had provided a name and number, which where given to a constable in the cells.

‘‘The constable refuses to make the phone call, saying he is under orders.’’

Not being able to get checks made could leave defendants in custody longer than they otherwise should be, Thackery said.

Police prosecutor Sergeant Neil Coker said there was an increasing trend of lawyers asking for bail checks on the day of a defendant’s appearance.

The cells officers were told by a higher ranking officer their first responsibility was to take care of those in custody in a safe manner, he said.

Outside of court, Manawatu area crime prevention manager Inspector Dave White said officers could still do bail checks from the courthouse cells. And they could pass on numbers to headquarters for checks.

‘‘These inquiries are made by phone, which is now easier as every officer has access to [mobile phones].’’

White said there may have been confusion just on that single day, during a busy time for courts after the summer break.

Back in court, Judge Stephanie Edwards said checks had to be done urgently for Stevens-fraser because of his age.

A few hours later, Coker said the address was checked and deemed appropriate.

Stevens-fraser was bailed without plea until later in January.