01-15 Bail Hearings and Detention Orders Flashcards
Routine Order Replecements?
Routine Order 2019.12.17-1217 has been issued to change a portion of the procedure that has yet to be incorporated into this version. In addition to the contents contained herein, members shall ensure they follow the direction(s)/amendment(s) contained in the above Routine Order.
What is the Rationale?
The detailed instructions to the crown attorney opposing bail or recommending conditions for release are contained in a show cause brief (brief). It is through this brief that the Crown is made aware of all aspects of a case so that proper representation can be made at the bail hearing concerning the release conditions or the continued detention of an individual.
This Procedure has been developed to provide a consistent format for all briefs within the Toronto Police Service (Service) and in particular, stress the preparation of a detailed brief for cases involving violent crime.
Supervision - Case manager to notify _______ of all results relating to victim notification
Officer in Charge
The focus of police efforts for the purpose of bail hearings and detention orders must be ___________ Where a detention order cannot be justified, appropriate conditions must be sought to govern the behaviour of an accused person and protect the victim, witness and the community.
the safety of the victim and the protection of the general public.
Opposing Bail - Bail opposition SHALL be considered whenever the
safety of the victim, the victim’s dependents, or the public is believed to be at risk because of the actions of an accused person or because the nature of the crime demands it.
Opposing Bail - The final decision to recommend the opposition of bail is the responsibility of ___________. In all circumstances, the _______ SHALL be provided with detailed reasons supporting the continued detention of an accused person.
the Officer in Charge, crown attorney
Case Manager- If an accused person is presently before the courts SHALL
ensure the case manager at the unit managing the outstanding charge is notified of the new arrest, court date and location
ensure compliance with Procedure 02–01, as appropriate
ensure the items contained in the brief include a notation of the previous charge, court date and form of release
if the accused person is currently before the courts in another jurisdiction, notify the agency managing the case via CPIC of the date, time and location of the bail hearings for the new charges
ensure compliance with Procedure 05–11 NIP for any breach of bail or non–compliance with conditional release
Case Manager- If there is an outstanding warrant for the accused person in another jurisdiction, and the agency managing the charges indicates they will return the accused to that jurisdiction SHALL
ensure compliance with the applicable sections of Procedure 02–01
include a TPS 178 and a copy of the warrant in the Confidential Crown Envelope (crown envelope)
Case Manager- When seeking a detention order SHALL ensure
compliance with Procedure 12–01 NIP
opposition to bail is clearly noted and the grounds for continued detention are set out in the brief
when preparing the brief, a TPS – PS – Show Cause template has been completed in accordance with the format found in Appendix A
a separate eReport containing the case manager’s recommended release conditions is included within the brief in the event a Justice decides that a detention order is not appropriate (see Appendix B for Guidelines for Bail Conditions)
The case manager should request an adjournment to the bail hearing when there are unfinished aspects of the investigation pertaining to bail and indicate an approximate time required to complete the investigation. Under ss. 516(1) of the CC, a Justice may adjourn these proceedings (Form 19) for a maximum of three (3) clear days unless the accused person consents to a lengthier adjournment.
the victim is informed of the right to attend the bail hearing and consideration is given to calling the victim to testify at the bail hearing to present evidence when appropriate
compliance with Procedure 05–21, including the search and seizure provisions of the CC in cases involving violence, weapons, threats, intimidation or where there are concerns for the safety of the victim, witnesses or the accused person
consideration is given to seeking an Order of Weapons Prohibition under ss. 515(4.1) for the offences listed in ss. 515(4.1) (a) through (d)
consideration is given to seeking an Order of Non–Communication under ss. 515(12) or 516(2), as appropriate
consideration is given to requesting a psychiatric examination where there are grounds to believe, that except for the commission of a criminal act, the accused person acted in a manner that would require apprehension by a police
officer under the Mental Health Act
consideration is given to seeking the assistance of Detective Operations – Sex Crimes – Behavioural Assessment
section for a formal risk assessment in cases where there are concerns about the safety of the victim or witnesses
permission is sought from the Unit Commander, the detective sergeant or the Officer in Charge to attend the bail
hearing for serious offences or at the request of the Crown and to co–ordinate any witnesses being called
Case Manager- Where in the opinion of the case manager/investigator, the victim is believed to be at heightened risk due to the release of the accused SHALL ensure
the top section of a TPS 483 is completed and inserted in the Crown Brief
the outside of the Crown Brief is marked “Victim Notification” to alert Court Services that victim notification is required
should the accused meet or be granted bail
Case Manager- When seeking a judicial interim release SHALL ensure
compliance with Procedure 12–01 NIP
appropriate conditions are recommended in the event the accused person is released, focusing on restricting the behaviour of the accused person to ensure the safety of the victim and/or the public. Release conditions must be directly related to one of the grounds (primary, secondary or tertiary) outlined in ss. 515(10) CC. (See Appendix B for Guidelines for Bail Conditions)
Organized Crime Enforcement – Bail & Parole is the only police facility to be designated for the purpose of having an accused person report to police. This unit is open between 0900 and 2100 hours, Monday through Friday, except on statutory holidays.
compliance with Procedure 05–21 including the search and seizure provisions of the CC in cases involving violence, weapons, threats, intimidation or where there are concerns for the safety of the victim, witnesses or the accused person
if the accused person has access to firearms and other weapons in the course of their employment, the employer is promptly notified of any prohibition order arising from the bail hearing
consideration is given to using Procedure 17–04 NIP to provide victim and public notifications, particularly in cases involving intimate partner violence, intimidation, and criminal harassment
the victim is informed of the right to attend the bail hearing and consideration is given to calling the victim to testify at the bail hearing to present evidence when appropriate
if the accused person is a young person, a YCJA Parent is served on the appropriate person
Case Manager- When notified that bail has been granted to the accused SHALL
ensure that the conditions of release are communicated personally to the victim as soon as possible
Bail conditions SHALL be communicated personally to the victim as close as possible to the time bail is granted and not delayed until the time the accused person is actually released. It is not sufficient to simply leave a message or letter outlining the release conditions at the victim’s address. The conditions contained on the release documents SHALL be reported to the victim. However, actual copies of the release documents are not to be given to the victim by the police.
ensure the victim is notified of the next court date
ensure the victim is advised to engage in a safety plan, including the use of 9-1-1 in emergency situations, and is referred to Victim Services Toronto for safety planning information
ensure the victim is advised to contact the Ministry of Attorney General’s Victim/Witness Assistance Program
ensure the victim is advised of the option of registering with the Ministry of the Attorney General Victim Support Line for release notification from a detention facility, if applicable
monitor all court appearances of the accused person for potential variances to the original bail conditions
if bail variances have been granted to the accused person, notify the victim as soon as possible of these changes
Case Manager- Upon completion of any notification of bail conditions to the victim SHALL ensure
that proper notations of the date, time, person contacted and other details, including attempts made to notify the victim are
added as supplementary information to the original eReport
made in the
memorandum book or case book TPS 483, if applicable
the Officer in Charge is notified of all results related to victim notification
Case Manager- When an accused person has been arrested while on an interim release SHALL commence the revocation of bail process when the original offence is one of the following
murder or attempt murder
any form of assault including intimate partner or sexual
robbery
extortion
threatening
weapons offences
criminal harassment or intimidation
mischief to property where there is an attempt to intimidate
any criminal organization or gang related activity
drug trafficking including possession for the purpose of trafficking
may commence the revocation of bail process for all other offences or when the offence is one listed above, but where the only condition breached is “to attend court as required”
When the decision has been made to commence the revocation of bail process SHALL follow the guidelines outlined in Appendix C.
Officer in Charge - When informed that an arrested person should be held for a bail hearing SHALL ensure
compliance with Items 2 or 5, as appropriate
the crown envelope is completed in compliance with Procedure 12–01 NIP
that the brief clearly outlines that bail is being opposed or that conditions of release are appropriate to the circumstances
compliance with Procedure 01–03
consideration has been given to opposing bail whenever the safety of the victim, the victim’s dependents, witnesses, or the public is believed to be at risk because of the actions of an accused person or because the nature of the crime demands it
The Officer in Charge has final decision to recommend the opposition of bail.
