Criminal Charges (1:IV): Difference between revisions
From Clicklaw Wikibooks
→4. Judicial interim release (bail)
| Line 32: | Line 32: | ||
A person who has been charged with an offence may be arrested by the police and not be released on a promise to appear. This can occur if the police are seeking conditions on the promise to appear which the accused does not agree to or if the police determine, in their opinion, that the accused ought not to be released from custody. | A person who has been charged with an offence may be arrested by the police and not be released on a promise to appear. This can occur if the police are seeking conditions on the promise to appear which the accused does not agree to or if the police determine, in their opinion, that the accused ought not to be released from custody. | ||
A detained person must be brought before either a judge or a | A detained person must be brought before either a judge or a Justice of the Peace 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 of the Peace 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. | ||
There are three ways in which the detention of a person charged with a criminal offence can be justified under section 515(10) of the Criminal Code. In the case law these are usually referred to as: | There are three ways in which the detention of a person charged with a criminal offence can be justified under section 515(10) of the Criminal Code. In the case law these are usually referred to as: | ||
