1. RELEASE PROCEDURES

2. RELEASE PROCEDURES
Once a person is arrested, he/she taken to police station to record charges
After this, police may release arrested if they are accused of committing:
Summary offence
Hybrid offence
Indictable offence w/penalty under 5 yrs
UNLESS police believe possible to reoffend

3. RELEASE PROCEDURES For indictable offences,
Accused must be brought before judge within 24hrs (or as soon as possible) for a bail hearing
BAIL= MONEY OR OTHER SECURITY PAID TO COURT TO ENSURE APPEARANCE OF ACCUSED AT LATER DATE

4. RELEASE PROCEDURES
If bail is granted and accused fails to appear in court for trial dates, accused will lose bail money
Bail can be denied if:
Accused poses threat to society
Accused will likely miss court date
However, if accused pleads not guilty, and no means for denial exist, must release

5. RELEASE PROCEDURES For serious indictable offences,
Accused must prove that he/she can be trusted to be released
This responsibility on part of accused is called REVERSE ONUS
For other, lesser offences, Crown has onus to prove that accused should be denied bail

6. RELEASE PROCEDURES
If released, accused is required to sign an undertaking
Undertaking specifies conditions of bail, such as:
Curfew
Promise not to associate with particular people or go to particular places
Report to police station once a week

7. RELEASE PROCEDURES
Other than undertaking, court might require accused to sign a recognizance:
Recognition that accused is charged with offence
Promises to appear in court at later date
May pay money in order to be released

8. RELEASE PROCEDURES If release is denied,
Accused is entitled to appeal decision
Writ of habeus corpus is made by accused if:
Accused is held without charges
Denied bail hearing
Accused then must swear in court that the above has occurred, then judge rules

9. RELEASE PROCEDURES
Those charged of indictable offences must give the following before release:
Fingerprints
photograph