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Lecture

March 17 Lecture

3 Pages
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Department
Woodsworth College Courses
Course Code
WDW101Y1
Professor
William Watson

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WDW325 March 17, 2011 Bail Lecture 9
Section 11e of the Charter:
Any person charged with an offence has the right not to be denied reasonable bail without just cause
-tied to presumption of innocence
Why is bail so important? (if denied bail)
-more likely to be convicted
-more likely to receive jail sentence
-restricted access to counsel
-limited ability to participate in preparing defence
-being denied bail urges people to plead guilty
Section 515(1).. where an accused who is charged with an offence other than an offence listed in
section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted,
order that the accused be released on his giving an undertaking without conditions, unless the prosecutor
shows cause why the detention of the accused in custody is justified or why an order under any other
provision of this section should be made
PRESUMPTION in favour of release without conditions
Ladder Effect
Options for release (see ss.515(1) and 515(2):
a)Release with no conditions s.515(1)
b)Release on recognizance with conditions s.515(2)(a)
c)Release on recognizance with conditions and with sureties s.515(2(b)
d)Release on recognizance with conditions and sureties PLUS deposit of cash if accused is not
ordinarily resident within 200km of jurisdiction s.515(2)(e) very rare
e)Detention
-justice of peace must reject less restrictive release before imposing more restrictive manner of release
Grounds for Bail
s.515(10)(a) where the detention is necessary to ensure his or her attendance in court (primary
ground)
(b) where the detention is necessary for the protection of the public, including any victim of or
witness to the offence, having regard to all the circumstances including any substantial likelihood that the
accused will, if released from custody, commit a criminal offence or interfere with the administration of
justice (secondary ground)
(c) on any other just cause being shown (struck out, no longer applies; see further notes) and without
limiting the generality of the foregoing, where the detention is necessary in order to maintain
confidence in the administration of justice, having regard to all the circumstances, including the
apparent strength of the prosecutions case, the gravity of the nature of the offence, the circumstances
surrounding its commission and the potential for a lengthy term of imprisonment (tertiary grounds)
-satisfied on a balance of probabilities on either primary, secondary or tertiary grounds
Conditions of Bail
512(2) Where the justice does not make an order under (1) ; release without conditions, he shall, unless
the prosecutor shows cause why the detention of an accused is justified order that the accused be released
(a) on his giving an undertaking with such conditions as the justice directs;
515(4) The justice may direct as conditions under subsection(2) that the accused shall do any one or more
of the following things as specified in the order;
a)Report at times to be stated in the order to a peace officer;
b)Remain within a territorial jurisdiction specified in the order;
c)Notify the peace officer of any changes in his address or his employment
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Description
WDW325 March 17, 2011 Bail Lecture 9 Section 11e of the Charter: Any person charged with an offence has the right not to be denied reasonable bail without just cause -tied to presumption of innocence Why is bail so important? (if denied bail) -more likely to be convicted -more likely to receive jail sentence -restricted access to counsel -limited ability to participate in preparing defence -being denied bail urges people to plead guilty Section 515(1).. where an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, order that the accused be released on his giving an undertaking without conditions, unless the prosecutor shows cause why the detention of the accused in custody is justified or why an order under any other provision of this section should be made PRESUMPTION in favour of release without conditions Ladder Effect Options for release (see ss.515(1) and 515(2): a) Release with no conditions s.515(1) b) Release on recognizance with conditions s.515(2)(a) c) Release on recognizance with conditions and with sureties s.515(2(b) d) Release on recognizance with conditions and sureties PLUS deposit of cash if accused is not ordinarily resident within 200km of jurisdiction s.515(2)(e) very rare e) Detention -justice of peace must reject less restrictive release before imposing more restrictive manner of release Grounds for Bail s.515(10)(a) where the detention is necessary to ensure his or her attendance in court (primary g
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