S493 Flashcards
What is s 493
Section 493.1 of the Criminal Code of Canada outlines the principle of restraint that peace officers, judges, and justices must consider when making decisions:
Release
The accused should be released as soon as possible and on the least onerous conditions that are appropriate.
Conditions
Conditions should be reasonably practicable for the accused to comply with.
Considerations
Grounds referred to in subsection 498(1.1) or 515(10) should be taken into account.
What is s. 515 {10}
P
S
T
Section 515(10) of the Criminal Code
Court attendance: The accused must be detained to ensure they appear in court.
Public safety: The accused must be detained to protect the public, including victims, witnesses, or children.
Administration of justice: The accused must be detained to maintain confidence in the justice system. This includes considering the strength of the prosecution’s case, the seriousness of the offense, and the circumstances surrounding it.
Court attendance: The accused must be detained to ensure they appear in court.
Public safety: The accused must be detained to protect the public, including victims, witnesses, or children.
Administration of justice: The accused must be detained to maintain confidence in the justice system. This includes considering the strength of the prosecution’s case, the seriousness of the offense, and the circumstances surrounding it.
