Ensuring the Accused’s Appearance in Court CLN4U

Ensuring the Accused’s Appearance in Court An individual accused of a criminal offence is likely to attend court on the day of his/her trial due to a legally enforceable promise to do so. Process varies with nature and seriousness of the offence

“Rule of thumb” But generally everyone is released unless there are reasonable grounds for keeping them detained in custody, i.e.: Establish their identity Secure or preserve evidence Prevent further offences To ensure the accused’s appearance in court

Summary/Less Serious Indictable Offences For summary conviction and less serious indictable offences there are four such measures: Appearance Notice Summons Promise to Appear Recognizance

Appearance Notice Legal document issued by a police officer when no arrest has been made (s. 496 of the Criminal Code) Summary, hybrid and less serious indictable offences Names the offense the accused has been charged with Time and place of court appearance Accused must sign the document and receive a copy Officer will swear before a judge or justice of the peace that he/she believes on reasonable grounds that the person named in the appearance notice committed the offence

Summons Document issued by a justice or judge after an arrest has been made (S. 493 of the Criminal Code) A summons is usually delivered personally by a police officer. It sets out what the charge is, and when the person must appear in court to answer the charge. the person may also be told to go to the police station for finger-printing for an indictable offence. Failure to show up for finger-printing can lead to a warrant for arrest being issued.

Promise to Appear Issued by a police officer in charge of a police station Agreement to appear in court at a stated date and time If you do not attend you will be charged with failure to appear, for which the crown quite often seeks a jail sentence.

Recognizance Similar to a Promise to appear The accused promises to pay a sum of money if he or she fails to appear The maximum amount of a recognizance entered into before an officer in charge is $500

More Serious Indictable Offences

Bail Hearing Police must bring accused before a justice for a bail hearing within 24 hours of arrest. A bail hearing is a procedure where a judge or a justice of the peace determines whether a person charged with an offence should be released or held in custody pending trial.

Reasons to Deny Bail to ensure that the accused attends court; to protect the public; to maintain confidence in the administration of justice; the court will consider the apparent strength of the prosecution's case, the gravity of the offence, the circumstances surrounding crime and the potential for a lengthy jail term e.g., history of failing to attend court or abide by other court orders e.g., accused could be detained if they have a criminal record for similar offences; e.g., a history of violence against the same complainant the court will consider the apparent strength of the prosecution's case, the gravity of the offence, the circumstances surrounding crime and the potential for a lengthy jail term

Right to reasonable bail The Canadian Charter of Rights and Freedoms gives everyone the right not to be denied reasonable bail without just cause. Accordingly, bail must be set at an amount within the reach of the accused or that of their sureties.

Surety responsible to ensure that the accused attends court as required. responsible to ensure that the accused abides by the conditions of his release must provide some measure of supervision over the accused's daily activities. If the accused breaches his bail conditions, the surety is responsible to forfeit the bail they posted on behalf of the accused.

Undertaking with conditions remain within a certain area (city, country or province) surrender passport notify police of any change in address or employment abstain from communicating with any person abstain from possessing a firearm and surrender any firearm report to police at specified times abstain from consuming alcohol or other intoxicating substances When granted Bail, a person will be released on entering an undertaking with one or more of the following terms: