Bungled Bail
Give an example of Bail set not met.
Person granted bail but needs to put in a deposit, needs, GPS installed, suitable surety.
What documentation is required to accompany an information to allow counsel to speak on the behalf of an accused/represent them?
Designation
What are the criminal code sections for reverse onus and crown onus?
515 (5) – crown
515 (6)- reverse
What is an alternative solution for monitoring an accused person beyond a surety?
ESP uses radio frequency to monitor the presence of an accused person at a certain location GPS uses global position system which provides a method of monitoring the presence of a person charged.
Why is it important to always seek clarification from your presiding judicial official on the record?
So you are making sure you have the correct direction from the pjo and the accused is not unlawfully detained- liberty and security of liberty of the accused or unlawfully released safety of the public.
What are the three grounds for bail not granted?
Primary: may not show up in court (necessary to ensure attends court). Secondary: ensure protection/safety of the public .Tertiary: maintain confidence in the administration of justice (i.e., mental health concerns. Their release may prevent the court from directing them towards the correct resource/court, and prevent the accused from attending their next court date.
How would the Information's endorsement be filled if the accused requested an adjournment to seek legal aid and the adjournment was granted. The Presiding Official orders the accused to return in person on July 22 2022 at 1:30PM in Court Room 15.
22 July 2022 / BH #15 1:30PM ALA - IP
True or false: if section 469 and related charges are on separate informations, the accused is still subject to automatic detention
FALSE
the related charges are not subject to auto detention under 515(11), though the crown may still seek detention on them. Court staff should seek judicial direction to the status of related charges.
True or False: An accused may substitute a named surety for another surety at will.
False. No substitutions allowed for named sureties (only ones approved by the Court/PJO)
Why is it important to use a red pen on endorsements?
It is important to use red pen on the endorsement for specific orders ie: 516.2, because it is more visible and shows the next clerk reading the endorsement the previous release/detainment or instruction.
If any accused is in a bail set not met situation how many forms need to be completed and what are they?
3 Forms need to be completed. The release order form 11, the form 19 warrant of remand and the form 8 warrant of committal.
In bail court, when would you use a form 19?
Form 19 is also known as a warrant remand. It is essentially a travel document/Bus Ticket. It is signed by the presiding Judicial Official and directed to Peace Officers and keepers of the Prison. Telling them to arrest the person charged and take them to prison.
Bob Beebop was arrested for allegedly breaching his conditional sentence order. The allegations are being heard in the jurisdiction he was arrested and NOT the jurisdiction where he was sentenced to the conditional sentence order. What are the next steps?
The information(s) and the Condtional Sentence Order Form will be transferred from the jurisdiction where Bob Beebop was sentenced to the conditional sentence order.
What form(s) are needed when granting bail for a Young Person as defined under the YCJA?
An undertaking by a responsible person
Sally Sue was arrested and charged with impaired. Ms Sue’s friend, Jim, was asked to come to the police station to answer some questions pertaining to the investigation, but he was not arrested or charged. Does bail apply to Jim? Why or Why not?
What does it mean if bail is contested?
The crown is not consenting to the person charged being released a contested bail hearing occurs unless the crown consents to a release order or the person charged consents to a detention order.
If the bail hearing of allegations of breach of conditional sentence order is adjourned, what document(s) must be completed.
Form 19
What form(s) are needed when granting bail for a Young Person as defined under the YCJA?
An undertaking by a responsible person
What form(s) are required if it is determined that the Young Person should not remain in the custody of the responsible person assigned?
Removal from care application
What does Duty counsel do?
Represent people who can't afford or haven't had time to get legal representation
A form 48 must accompany a bail adjournment. True or false?
False.
What is the difference between an appearance notice and an undertaking?
An undertaking has more information.
What year was the Criminal Code of Canada established?
1892
True or false: A surety can pledge BitCoin.
True - (In Theory): You must deposit money in the amount of___or OTHER valuable security whose value does not exceed___with the clerk of the court.
If the answer is "seek immediate direction from the presiding judicial official", what is the question?
Scenario: Sally Sue was arrested and charged with impaired driving. At the bail hearing, bail was granted. If you were in doubt about whether or not Sally Sue’s bail has been granted, or whether or not she was to be remanded in custody or released, what would you have done?