5,109
edits
Difference between revisions of "Criminal Charges (1:IV)"
From Clicklaw Wikibooks
→2. Promise to appear
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:'''NOTE:''' An accused person should note that they '''MUST''' attend court as directed in the appearance notice, but that sometimes the accused person will not be on the court list as since the police might not have forwarded the charges, the Crown might not approve charges or there may be a delay in processing the charges. If an accused person does not see their name on the court list on the appearance date, they should go to the court registry to show them the appearance notice and ask if they are on any court list. | :'''NOTE:''' An accused person should note that they '''MUST''' attend court as directed in the appearance notice, but that sometimes the accused person will not be on the court list as since the police might not have forwarded the charges, the Crown might not approve charges or there may be a delay in processing the charges. If an accused person does not see their name on the court list on the appearance date, they should go to the court registry to show them the appearance notice and ask if they are on any court list. | ||
=== 2. Promise to | === 2. Promise to Appear === | ||
If an accused is arrested, then the police must decide whether to: a) keep the accused in custody for the Crown to seek detention; or b) exercise the power to release the accused. A promise to appear is a binding agreement whereby the accused person promises to attend court on a later date and abide by the conditions the police impose, and, in exchange, the police will release the accused from custody. | If an accused is arrested, then the police must decide whether to: a) keep the accused in custody for the Crown to seek detention; or b) exercise the power to release the accused. A promise to appear is a binding agreement whereby the accused person promises to attend court on a later date and abide by the conditions the police impose, and, in exchange, the police will release the accused from custody. | ||
=== 3. Summons === | === 3. Summons === | ||
