SOCI-225 Lecture Notes - Lecture 8: Indictable Offence, Arraignment

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The purpose of bail is to make sure that the accused appears at the ensuing trial. In canada today, the criminal code requires all individuals arrested to be brought before a justice of the peace, who decides whether the accused is to be released before trial. The justice of the peace is expected to release the accused unless the prosecutor supplies evidence to show either that the individual should not be released or that conditions should be attached to the release. When a hearing occurs which establishes that a defendant is dangerous to the community, the justice of the peace can deny bail. The accused may be released as long as they have a home, family, job, or other ties to the community. Those charged with first or second degree murder can be released on bail only by a superior court judge.

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