CRIM 131 Lecture Notes - Lecture 7: Individual And Group Rights
17 Feb 2016
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Responsibility for prosecution differs: provincial appointment, federal appointment. Circuit courts: less case preparation time. Brought before justice of the peace (jp) Can be used: to issue warrant or summons, before or after arrested, before or after issued appearance notice. Not laid in many cases: uncooperative victim, under age 12, (lack of) evidence, workload, expense, police recommend charge, crown lays charge. Not always released following arrest: indictable offences, 5+ years imprisonment. Reasonable grounds accused won"t appear in court. Reasonable grounds that detention is necessary in the interest of the. When someone is released from detention prior to trial. Show cause hearing: if not released, must appear within 24 hours, reverse onus, detained prior to trial if. Previous failure(s) to appear in court: release with conditions. Persons in custody awaiting trial or sentencing. Sent to provincial jail or prison system. As much as 80% of provincial jail population. Concerns: lack of programs, lack of services, length of stay is uncertain.
