CRM 308 Lecture Notes - Lecture 3: Abstinence, Abusive Power And Control, Risk Aversion

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13 Dec 2021
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Common law used to determine the constitutionality of bail provisions. Judicial interim release ( bail): being released before trial. Identifying the right people who should be denied or granted bail. To ensure that the accused will appear in court ( i. e. , accused is a flight risk) ( primary) To ensure that the accused will not commit further offences ( i. e. , will the accused pose a risk to public safety) ( secondary grounds) Don"t want to act disproportionally due to the charge being not yet proven. To ensure that confidence in the criminal justice system is maintained ( tertiary grounds) Strength of prosecution"s case, circumstances around the case ( was there a weapon used) Bail should only be denied if there is a risk to one or more of these grounds. May be delayed if there is a long waitlist. If the accused does not have access to a lawyer.

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