01-15 Bail Hearings and Detention Orders Flashcards
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
Procedure
The focus of police efforts for the purpose of bail hearings and detention orders must be the safety of the victim and the protection of the general public. 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.
Officer in Charge
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 ——- of an accused person or because the ——- of the crime demands it.
The final decision to recommend the opposition of bail is the responsibility of the ————. In all circumstances, the
crown attorney shall be provided with detailed reasons supporting the continued detention of an accused person.
actions
nature
Officer in Charge
Case Manager
1. If an accused person is presently before the courts shall
ensure the case manager at the unit managing the outstanding charge is —— 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 ——-of the date, time and location of the ——hearings for the new charges
ensure compliance with Procedure 05–11 for any breach of bail or non–compliance with conditional release
notified
CPIC
bail
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 ——- 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
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 ——— eReport containing the case manager’s ——– 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)
separate
recommended
Case Manager
The case manager should request an ——– to the bail hearing when there are unfinished aspects of the investigation pertaining to bail and indicate an ———– 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 ———- days unless the accused person ——— to a lengthier adjournment.
the ——– is informed of the right to attend the bail hearing and consideration is given to calling the victim to testify at
thebail 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
adjournment
approximate
three (3) clear days
consents
victim
Case Manager
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 ——- 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 ——-by a police
officer under the Mental Health Act
consideration is given to seeking the assistance of Detective Operations – Sex Crimes – ————- 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 ———-or the Officer in Charge to attend the bail hearing for ——offences or at the request of the Crown and to ——– any witnesses being called
psychiatric
apprehension
Behavioural Assessment
detective sergeant
serious
co–ordinate
Case Manager
- Where in the ——- 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 —— is completed and inserted in the Crown Brief
the outside of the Crown Brief is marked “———-” to alert Court Services that victim notification is required should the accused meet or be granted bail
opinion
TPS 483
Victim Notification
Case Manager
- When seeking a judicial interim release shall ensure
compliance with Procedure 12–01
appropriate conditions are recommended in the event the accused person is released, focusing on ——–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)
————– – 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 —– and ——–, Monday
through Friday, except on statutory holidays
restricting
Organized Crime Enforcement
0900 and 2100 hours
compliance with Procedure 05–21 including the search and seizure provisions of the CC in cases involving ——- , 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 ———-, the ———-is promptly notified of any prohibition order arising from the bail hearing
consideration is given to using Procedure 17–04 to provide victim and public notifications, particularly in cases involving intimate partner violence, ———–, 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 thebail hearing to present evidence when appropriate
if the accused person is a young person, a YCJA Parent is served on the appropriate person
violence
employment
employer
intimidation
- When notified that bail has been granted to the accused shall
ensure that the conditions of release are ——–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 ———. It is not sufficient to simply
leave a ———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 ——– of the release
documents are not to be given to the victim by the police.
communicated
released
message
copies
ensure the victim is notified of the next court —–
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 ———– for release notification from a detention facility, if applicable
——–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
date
Victim Support Line
monitor
- 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 ——— information to the original eReport
made in the
memorandum book or case book
——-, if applicable
the ———- is notified of all results related to victim notification
supplementary
TPS 483
Officer in Charge
- When an accused person has been arrested while on an interim release
shall commence the ———-of bail process when the original offence is one of the following
m——- or attempt murder
any form of a———– including intimate partner or sexual
r————–
e———–
t———-
w———– offences
criminal harassment or i————–
m———- to property where there is an attempt to intimidate
any criminal organization or ——- related activity
d———— 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 “—————”
revocation
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 activity38
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
