CRI210H1 Chapter : Criminology_ The Decision to Detain or Release, Bail terms, definitions, notes
4 Aug 2022
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The decision to detain or release: the nuts and bolts of bail. Importance of fundamental freedom presumption of innocence, notion of bail. Bail guarantee undertaken by accused/surety to guarantee person will appear for trial if released. Must be set at amount w/in reach of accused/surety. If fails to appear for trial money forfeited to state. Must ensure pretrial release remains the norm. Discretion: a look back to assist in understanding contemporary events. Rely on discretion when deciding whether to grant bail. Detention before trial detention prior to quick guilty plea was option chose in order to avoid prolonged pretrial detention. Grant police powers to avoid arrest/detention after initiating legal accusation. Identification of clear legislative reasons establishing when detention is justified. Onus rests on crown to prove bail should be denied: the primary ground the denying bail: the risk of flight. Common belief that judging from record, past, contemporary actions, possible length jail period accused at risk of fleeing country/town.
