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Difference between revisions of "Criminal Charges (1:IV)"
From Clicklaw Wikibooks
→4. Judicial Interim Release (Bail)
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A detained person must be brought before either a judge or a justice without unreasonable delay or, where a justice is not available within a period of 24 hours after the person has been arrested, the person shall be taken before a justice as soon as possible (see Criminal Code, s 503). When the accused is brought before a judge or a justice and the Crown is seeking the continued detention of the accused, the onus is on the Crown to show cause as to why the continued detention of the accused is necessary (see Criminal Code, s 515(10)), except for the offences listed under section 515(6) of the Criminal Code. Section 515(6) includes very serious offences such as murder and treason and less serious matters where special considerations apply such as when violence was allegedly used against an intimate partner and the accused has been previously convicted of an offence. For these offences, the onus is reversed, and it is on the accused to show why they can be safely released on bail. | A detained person must be brought before either a judge or a justice without unreasonable delay or, where a justice is not available within a period of 24 hours after the person has been arrested, the person shall be taken before a justice as soon as possible (see ''Criminal Code'', s 503). When the accused is brought before a judge or a justice and the Crown is seeking the continued detention of the accused, the onus is on the Crown to show cause as to why the continued detention of the accused is necessary (see ''Criminal Code'', s 515(10)), except for the offences listed under section 515(6) of the ''Criminal Code''. Section 515(6) includes very serious offences such as murder and treason and less serious matters where special considerations apply such as when violence was allegedly used against an intimate partner and the accused has been previously convicted of an offence. For these offences, the onus is reversed, and it is on the accused to show why they can be safely released on bail. | ||
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Since the addition of sections 493.1 and 493.2 to the Criminal Code, all participants in the Bail process, including police officers releasing accused persons on a promise to appear, peace officers, judges, and justices, should release accused persons on the least onerous conditions possible and at the earliest opportunity. Particular attention must be paid to Aboriginal accused and other accused persons belonging to vulnerable populations that are over-represented in the criminal justice system. | Since the addition of sections 493.1 and 493.2 to the Criminal Code, all participants in the Bail process, including police officers releasing accused persons on a promise to appear, peace officers, judges, and justices, should release accused persons on the least onerous conditions possible and at the earliest opportunity. Particular attention must be paid to Aboriginal accused and other accused persons belonging to vulnerable populations that are over-represented in the criminal justice system. | ||
=== 5. Warrant in the First Instance === | === 5. Warrant in the First Instance === | ||
