March 17 Lecture

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Woodsworth College Courses
William Watson

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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