JUST*1020 Lecture Notes - Lecture 10: Recognizance, Reverse Onus, Endangerment
Document Summary
Intro to police just 1020- week 10 mar 16/16: Release- refers to the termination of arrest, detention and custody. An arrested person cannot be held in custody arbitrarily. To make a formal allegation by laying an information. To force an accused person to appear in court to answer the charge by issuing a document such as: appearance notice (form 9) Think of it is as an on the spot release, once you"re satisfied: promise to appear (form 10, summons. Applying arrest and detention laws represents the first decision-making process, which culminates in the taking of custody. Second decision-making process decided whether custody may lawfully continue or whether person must be released. Three post-custody detention laws concern bail, release provisions, and judicial interim release (interim release- means release for now) Unlawful denial of freedom considered the most serious charter violation, as is unlawful detention at the time of arrest or during the post-custody detention stage.
