CRIM 131 Lecture 5: The Decision to Detain or Release Module 5
28 May 2016
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Document Summary
The decision to detain or release: the nuts and bolts of bail. When the state lays a criminal charge against an accused person, there may be reasons to detain that person in custody until the case comes to trial. Individual may be considered a risk to the public, or there may be fears that the accused may not appear for trial: in these cases the accused will be held in custody. The decision to detain or release an individual pretrial is not taken lightly. Once they have been charged, most accused persons may safely be allowed to remain in the community until their first appearance in court: bail. The state may be justified in ordering their detention. The law of bail guides courts in determining whether an accused should be released on bail or detained. Bail decisions are made by a justice of the peace, provincial court judge, or superior court judge.
