Class Notes (834,387)
Canada (508,508)
Sociology (4,077)
SOC216H5 (148)
Lecture

Bail and Pre-Trial Detention.docx

4 Pages
82 Views
Unlock Document

Department
Sociology
Course
SOC216H5
Professor
Nicole Myers
Semester
Fall

Description
Bail and Pre-Trail Detention October 2, 2012 What is bail  First stage in criminal process  Determined if minimum risk to let them return to society to await their trial Definitions Bail – bail court, decision being made (denied or released) Remand- case being adjourned to another day (because being sent to a remand facility for the night), remand center where people are awaiting their bail or been denied bail Hold down- not ready to proceed with trial, accused goes back Adjournment – flipping the matter to another day (bail court – max adj. crown allowed to ask for is 3 days) (accused allowed to ask for adj. how ever long they want) Consent Release- crown is not going to consent the accused release – let them go Bail hearing- when contesting the release – show cause hearing (crown required to show cause – reason as to why the accused to be denied)– mini trial Surety – a family member (or friend) promise court sum of money, accused released into surety’s custody – make sure they come back to court when they need to and follow conditions, stay out of trouble – don’t have to bring money just show that you have some kind of equity – if accused fails something that money can be taken away Getting into Bail court  Serious offence, on bail already, have criminal record, no links to community, general reluctance to make risky decision  24h requirement to bring accused before a justice, just has to see you physically brought to court – most likely will be adjourned to another day  Until arrested we are to assume that someone is innocent  Statutory prevision – court presume that every person that comes to bail hearing will be released , so crown has to make strong case to go against presumption that will be released  1972 bail reform act – presumption of release, police given greater powers of release can impose conditions of releasing someone  Judges – considering denying someone’s liberty – look at the crime, history… while keeping in mind presumption of release and innocent – in today’s society this is seem less and less (presumption of detention) Your Legal Rights Under the Charter  Section 7 – guarantees liberty – foundation of our criminal system  Section 8 – search and seizure  Section 9 – detention and imprisonment, cant be detained arbitrarily  Criminal Proceedings – right to be tried within reasonable time, cannot be compelled to be a witness in your own case (self incrimination), denied reasonable bail Justification for denying release  Primary grounds – refer to assuring attendance in court  Secondary Grounds – commission of offence, has to be substantial likelihood that they will commit another crime  Tertiary grounds – if we release this accused would it cause a public outcry – undermining legitimacy and authority of justice system Figure 1 – Imprisonment Rates  Blue – total rate  Pink – federal imprisonment rate (term of greater then 2 years)  Black – provincial imprisonment  Remarkable stability throughout 60 ye
More Less

Related notes for SOC216H5

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit