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Bail and Pre-Trial Detention.docx

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Nicole Myers

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
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