Police Foundations LAW220 Lecture Notes - Lecture 3: Unconditionally, Recognizance
POLICE FOUNDATIONS-LAW220
Pre-Trial Release Options (based on arrest w/o Warrant)
1.
2.
3.
4.
Release by P.O.
(At the scene)
Release only for:
➢ S/c, dual or any indict. sec. 553
Public Interest Satisfied = MUST
Release on;
✓ Summons,
✓ Appearance Notice
✓ Unconditionally
Release by O.I.C. (At the office)
Release only for: s/c, dual, indict sec. 553, indict. 5 yrs.
<
Public Interest satisfied = MUST
Release on;
➢ Summons
➢ P.T.A. (form 10)
➢ Recognizance (with or w/o
Undertaking form 11.1
➢ unconditional
Release by JUSTICE (J.P.or Prov)
Crown - show cause hearing unless sec. 515
(6) applies then Reverse Onus
Public Interest Satisfied = MUST release
on; Undertaking (form 12) with or w/o
conditions or Recognizance (form32) with or
w/o sureties, with or w/o deposit. Public
Interest NOT satisfied =
Release by
Supreme Court Judge
All 469 offences plus accessory,
attempt & conspiracy
• P.O. is not authorized to
release
• JP or Prov. Ct. Judge not
authorized to release
Reverse Onus applies on all accused
MUST release if Public Interest
is satisfied – very rare
Remand in custody