5,109
edits
Difference between revisions of "Criminal Charges (1:IV)"
From Clicklaw Wikibooks
→4. Release conditions (contained within the bail document)
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=== 4. Release conditions (contained within the bail document) === | === 4. Release conditions (contained within the bail document) === | ||
Release documents can be obtained from the court registry if the accused has misplaced the copy they should have been given upon release. The accused should review the release conditions and ensure that they understand all of the conditions and the importance of abiding by the conditions of release regardless of how unfair or difficult those conditions are to abide by. In a case of domestic assault, there will almost always be a no-contact conditions and area restrictions. The accused may encounter situations where the complainant and the accused wish for contact and there is a no-contact bail condition condition in which case the accused and their counsel could look into bail variations (see '''section IV''' above for Bail Variations). | Release documents can be obtained from the court registry if the accused has misplaced the copy they should have been given upon release. The accused should review the release conditions and ensure that they understand all of the conditions and the importance of abiding by the conditions of release regardless of how unfair or difficult those conditions are to abide by. In a case of domestic assault, there will almost always be a no-contact conditions and area restrictions. The accused may encounter situations where the complainant and the accused wish for contact and there is a no-contact bail condition condition in which case the accused and their counsel could look into bail variations (see '''section IV.B.7''' above for Bail Variations). | ||
If the accused has a good reason to have their release conditions varied, Crown Counsel should be contacted. The reason for the proposed variation should be explained to the Crown Counsel. It is important to make a convincing argument for the proposed variation directly to Crown Counsel, as an application cannot be made to vary bail conditions in Provincial Court without the Crown’s consent. In practice, Crown Counsel only consents to hearing applications for bail variation in Provincial Court when they agree with the proposed variations. Variation applications without Crown Counsel’s consent are made at the BC Supreme Court. | If the accused has a good reason to have their release conditions varied, Crown Counsel should be contacted. The reason for the proposed variation should be explained to the Crown Counsel. It is important to make a convincing argument for the proposed variation directly to Crown Counsel, as an application cannot be made to vary bail conditions in Provincial Court without the Crown’s consent. In practice, Crown Counsel only consents to hearing applications for bail variation in Provincial Court when they agree with the proposed variations. Variation applications without Crown Counsel’s consent are made at the BC Supreme Court. | ||
