Release Procedures And Paying Bail

Question 1

What are the two options an officer has when charging someone with a crime?

Answer 1

• Released with a promise to appear (offence <5 year sentence)

• arrested: more serious offence (>5 year punishment), must see a judge within 24 hours (plea guilty/not guilty)

Question 2

What is bail?

Answer 2

• give certain amount of money and wait for trial at home

• amount of money necessary paid to ensure the appearance of accused in later hearings

• always have the right to bail

Question 3

Undertaking

Answer 3

Must sign and fulfill conditions (avoid people, places)

The conditions that’ll keep you out of jail

Question 4

Recognizance

Answer 4

Promise to return to court

Question 5

Surety

Answer 5

person makes payment on behalf of accused

Question 6

Who has onus to prove that bail should be denied?

Answer 6

The crown

Question 7

What are some reasons someone might be denied bail?

Answer 7

• danger to society
• likelihood to reoffend or breach conditions
• seriousness of crime and criminal history
• public outrage

Question 8

Who decides if bail is acceptable or deniable?

Answer 8

Justice of the peace (judge)

Question 9

Who is onus on to prove they should get bail?

Answer 9

Defendant (show cause)

Question 10

In what scenarios would the accused not be released until trial?

Answer 10

• already on release for another indictable offence

• not a Canadian resident

• charged with failure to appear; breach of conditions

• Charge is drug related (trafficking, importing)

Question 11

What happens if the judge isn’t convinced?

Answer 11

• wait in jail until trial
• appeal to a higher court

Question 12

Show-cause hearing

Answer 12

A hearing before a judge wherein the crown or the accused must show cause as to why the accused should be detained or released, pending trial