Midterm- Week 4 Chapters 4 and 9

Question 1

What is a surety?

Answer 1

Someone who undertakes to ensure that the accused will appear in court at the required time, and who pledges an amount of money or property to support their promise.

Question 2

What is exigent circumstances?

Answer 2

Under section 529.3(2), gives police the authority to enter a private dwelling without a warrant for the purpose of arresting a person to prevent imminent bodily harm or death of any person and loss or destruction of evidence related to to indictable offences.

Question 3

What is psychological detention?

Answer 3

Where an individual has a legal obligation to comply with restrictive request or demand, or a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply.

Question 4

What is Section 10(b)?

Answer 4

Section of the Charter that gives you informational rights.

Question 5

What are grounds for the detention of the accused?

Answer 5

a) To ensure the accused’s attendance in court; b) for the protection or safety of the public, witnesses, or any person under the age of 18, including factors such as likelihood of reoffending, or interfering with the administration of justice; c) if necessary to maintain confidence in the administration of justice

Question 6

Appearance notice

Answer 6

An appearance notice is an official document telling a person they have to appear in court at a specific time and place to respond to a criminal charge

Question 7

Promise to appear

Answer 7

a written document by which you promise to appear in court on a specific date and time

Question 8

Recognizance

Answer 8

a type of release from custody. If you’ve been released from custody after a bail hearing, you will get a recognizance of bail. This document states the terms under which you have been released. It says when you must go to the court

Question 9

Bail

Answer 9

is the release of individuals charged with a crime into the community prior to a trial on the charges. All individuals charged with an offence have the right to reasonable bail, a right guaranteed by the Canadian Charter of Rights and Freedoms

Question 10

What is the difference between an appearance notice and summons

Answer 10

A court summons is given to a person once they have been charged with an offense, whereas an appearance notice is given to a person before they are even charged.