s .515 Flashcards
Section 515(10) of the Criminal Code provides that bail may be denied in three situations:
where it is “necessary to ensure his or her attendance in court”;
where it is “necessary for the protection or safety of the public” or
where it is “necessary to maintain confidence in the administration of justice”.
The burden is upon the ________ to justify detention on the balance of probabilities unless the offence is subject to a ____________
Crown reverse onus.
Under s. 515(10)(a) bail can be denied “where the detention is necessary to ensure [the accused’s] attendance in court”. This ground addresses whether the accused is a ___________.
flight risk
Even if the prosecution presents strong evidence to argue that a person should be detained, a defence lawyer can also present evidence of a plan that will attend to any concerns that the court may have in releasing a person. Here are a few of the ways a criminal defence lawyer can help an accused person get bail.
Sureties – often the lawyer will call witnesses called sureties to testify to the court that they are willing to supervise an accused person while s/he is out on bail
Promise of the accused – Sometimes an accused person will be called as a witness by his/her lawyer to testify before the court and promise the court that s/he will not break the law if s/he is released on bail.
Cash Bail – This is the most popular form of bail with the general public. Most people who have not been involved in the criminal justice system believe that bail is an amount of money deposited with the court to secure a person’s release. Cash deposited with the court is the strongest form of release according to the Criminal Code, but it is as common as sureties.
Electronic bracelets – In some cases an accused person can propose to wear an electronic monitoring bracelet around their ankle to allow them to be monitored while on bail.
