Methods of Release Flashcards
What are the Principles of Restraint (6 of them)?
(1) Release at earliest convenience
(2) Least onerous conditions
(3) Reasonable
(4) PRICES
(5) Aboriginal accused
(6) vulnerable population
What does PRICES stand for?
P - Public Interest R - Repetition I - Identity C - Court E - Evidence S - Safety/security victim/witness
What is a criminal summons?
(1) compels person to court once PRICES met
(2) no authority to arrest
What is an appearance notice?
(1) compel person to court
(2) fingerprints
(3) Arrest authority
(4) No arrest if PRICES met
What is an undertaking?
(1) under arrest
(2) compel person to court if PRICES met
(2) photo/fingerprints
(3) conditions
Bail/Show Cause/Revers Onus hearings. What are your primary, secondary and tertiary grounds?
Show Cause
Primary - Court
Secondary - Protect/safety of victim/witness
Tertiary - Maintain confidence in the admin of justice
onus on crown to prove why should be held
Reverse Onus
Accused must show why should be released
violent offences
What is a Judicial Referral Hearing?
(1) Appearance notice
(2) RG failed to comply with previous summons, appearance notice, undertaking, release order