Release and Bail Procedures Lesson 37 CLN 4CR

Release and Bail Procedures Learning Goal: Explain what happens once someone has been arrested Test format and discussion Note and discussion Cases: R v Shankar (159), R v Dillon (161), R v Singh (163), R v Feeney (171)

Test Format Part 1: Matching definitions (10 marks)… use vocab list Significance of cases (6 marks) R v Parks, R v Williams, R v Goodine, R v Lindsay, R v Harrison, R v Shankar, R v Asante-Mensah, R v Singh, R v Feeney, R v Dillon

Part 2: 4 short answer questions; each worth 5 marks Principles of criminal justice Elements and conditions for a crime to exist 3 types/categories of crime How does a case go through the court system Parties to an offence How police must protect Charter rights of the accused Release before trial process

Part 3: Paragraph answer (1 of 3) Key purposes of criminal justice system and their significance Balance between the rights of society and the power of the police Role of plea negotiation Part 4: Case study

Release and Bail Procedures A person may be released on the spot Why? Accused presents no further danger Will appear in court on the trial date Others are taken to police station to record charges and take prints and photographs Most will be released

Others will be held if they are a threat to the victim, others, or themselves Must wait for a bail hearing Bail hearing must be held within 24 hours of arrest Someone posts bail on behalf of the accused Will lose this money if accused fails to appear in court

Changes to bail have been made to avoid discriminating against the poor Conditions like curfew, no drinking, going to school, etc. are made, instead of money Those charged with most serious offences must convince the judge that they are not a threat, if they want to be released This is called ‘reverse onus’

Judicial Release Procedures Undertaking: accused signs this and must live up to conditions set by the court Recognizance: signed guarantee by the accused to appear in court

Fingerprints, Photographs, Biometrics May be done before release Biometrics is a science that establishes identity by measuring physical features of face Files are not destroyed if accused is found not guilty

Security or Freedom in Society? Which is more important? Too much emphasis on freedom leaves society vulnerable as police have no power Too much emphasis on security risks a police state A continual debate in society

Awaiting Trial Accused must contact a defence lawyer asap Must attack the Crown’s case against the accused Accused may change lawyers if they aren’t working well together Disclosure is needed: both sides must share all evidence to ensure a fair trial

Collecting Evidence Without enough evidence the Crown will have to drop charges A preliminary hearing is held to determine if it is worth proceeding Evidence includes weapons, clothing, DNA, blood or bodily fluids, witnesses DNA bank stores genetic profiles of those convicted of the most serious crimes

Court Appearances First appearance is to set trial date, appoint a lawyer, and choose which court will be used May ask for an adjournment (postponement of court business)

The Plea Entered in provincial court The charge is read and the accused responds 90% of accused Canadians plead guilty If a guilty plea is entered for a summary conviction offence, a sentence is made immediately Trial date is set for those who plead not guilty

Preliminary Hearing For very serious offences To determine if there is sufficient evidence If insufficient, charges are dropped and accused is released

Plea Negotiation A deal between the court/Crown and the defence for a guilty plea to a lesser charge and/or penalty Benefits the court by saving time and money Benefits the defence by getting a lesser charge and sentence Not allowed if the accused has claimed to be innocent Most infamous example is Karla Homolka (p 175)