Bail Hearing/brief

Question 1

BAIL HEARING/BRIEF

Every police service shall establish procedures on bail and violent crime that address the following:

1. Assessing Opposing bail on secondary grounds
2. Preparing the show cause report (bail hearing brief)
3. Post bail hearing notifications
4. Breach of bail conditions

Answer 1

Highlights

1. Assessing Opposing bail on secondary grounds
   > there is a requirement that a review be undertaken in any case where the accused commits a violent crime while awaiting trial for charges relating to a domestic violence occurrence, sexual assault, criminal harassment or firearms, where the officer had not recommended to the crown that bail be opposed.
2. Preparing the show cause report (bail hearing brief)
   > displaying in the brief, officers recommendations to the crown that bail should be opposed or that the officer is recommending that the accused be released with conditions.
   > include a recommendation to the crown in all cases involving domestic violence occurrences, sexual assault and criminal harassment that a firearms prohibition order be sought under section 515 in the Criminal code.
   > flagging when a brief relates to a domestic violence occurrence, child abuse, sexual assault or criminal harassment.
   > attaching to the brief in cases of domestic violence occurrences, the completed domestic violence supplementary report form.
   > supervisors are to review bail hearing briefs completed by officers to ensure the contents are correct and complete.
   > ensure that the victim be informed of the right to attend the bail hearing. Also determine if the victim is necessary to attend the bail hearing and testify regarding any safety fears they may have.
3. Post bail hearing notifications
   > notify the victim of the outcome of the bail hearing and any conditions of release.
   > enter the conditions for release on CPIC within 24 hrs. or as soon as practicable if the accused is released on bail.
4. Breach of bail conditions
   > investigate any breach of bail conditions
   > arresting the accused under subsection 524(2) of the criminal code or obtaining a warrant under 524(1).
   > notify the victim of the breach.
   > when someone is released on a bail recognizance in our jurisdiction. And that persons then breaches the bail condition in another jurisdiction. The duty officer is responsible for determining whether the accused returns to the jurisdiction where the conditions of release originated, or remain in the jurisdiction where the breach occurred. As soon as practicable the duty officer should consult with a local crown and the police service where the breach occurred and document the reasons for the decision.
   > factors to be considered when determining whether to return anaccused to the jurisdiction where the conditions of release originated include:
   a) in cases involving domestic violence, sexual assault, criminal harassment, and other serious crime, it is preferable to return the individual to the jurisdiction where the conditions of release originated because of the gravity of the breach will be best understood in the context of the original offense.
   b) The logistics involved in seeking to cancel the accused release
   c) whether criminal code charges are being laid against the accused as a result of the breach
   d) whether the accused is being charged with another serious of Substantive offense