Bail Hearings and Detention Orders Flashcards
Case manager to notify _______ of all results relating to victim notification
Officer in Charge
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.
The final decision to recommend the opposition of bail is the responsibility of
he Officer in Charge. In all circumstances, the crown attorney shall be provided with detailed reasons supporting the continued detention of an accused person.
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 for any breach of bail or non–compliance with conditional release
CASE MANAGER
When seeking a detention order shall ensure
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
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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 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 (VIC NOTIF) 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
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 to provide victim and public notifications, particularly in cases involving domestic 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.
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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
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 domestic 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”
Officer in Charge
When informed that an arrested person should be held for a bail hearing shall ensure
the crown envelope is completed in compliance with Procedure 12–01
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.
OIC
Upon receipt of a TPS 483 and release documents via e-mail from Court Services for sexual assault, criminal harassment, a domestic-related case, or any other case as requested by the case manager shall
ensure the police officer notifying the victim reviews the eReports prior to victim notification
ensure compliance with item 6
- Although the Officer in Charge may delegate the task of notifying the victim to another police officer, the accountability for this obligation remains with the Officer in Charge. This is not a shared accountability.
advise the police officer making the notification to notify the on–duty Officer in Charge of the results
OIC
Upon completion of any notification of bail conditions to the victim by the case manager, other police officer or themselves 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 forward a copy of the release documents and the completed TPS 483 to the detective sergeant ensure the release documents and the completed TPS 483 are retained electronically in the designated folder in the Unit’s Shared Drive Computer Application (X drive)
Upon receipt of release documents from Court Services indicating bail conditions for an accused person regarding a case not identified in item 11 shall forward the documents to the detective sergeant.
Officer in Charge – Central Lock–up
When receiving a prisoner to be held pending transportation to Bail Court shall ensure
the crown envelope is completed in compliance with Procedure 12–01
compliance with Procedure 01–03
the accused person is fingerprinted prior to transport to court in compliance with Procedure 01–07
the completed crown envelope court calendar arrive at court for the first appearance
Bail Condition – Surrender Property Officer in Charge Upon receipt of a licence, registration certificate, authorization or other document enabling the acquisition or possession of a firearm or a weapon, or travel documents,
notify the case manager that the accused person has complied with the applicable bail conditions
