CRMN 3053U Lecture Notes - Lecture 4: Recognizance, Reverse Onus, Jury Instructions
25 Sep 2018
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Election of mode of trial (for indictable offences) Preliminary inquiry (for indictable offences: trial. Jury instructions and deliberation (in trial by jury: verdict: To a higher court (either party can appeal) Leave (permission to appeal) may be required. We should(cid:374)(cid:859)t (cid:271)e detai(cid:374)i(cid:374)g people i(cid:374) the first pla(cid:272)e- detaining people is also expensive. Both of the presumptions are in the system but it depends on the seriousness of the charges. Bail: general rules: presumption in favour of release - > crown must show why detention should continue, bail hearing automatic, exceptions: Indictable offences under s. 469 and other specified offences -> bail hearings are automatic. Accused must apply for a hearing: reverse onus (accused must show why detention is not justified) Onus is now on the accused to justify why they should be released and not kept in detention. Bail hearing: conducted in provincial court (lowest)
