Pre-Trial Release Chapter 8, p. 212-13. Less serious offences Accused may have to: sign a promise to appear – must show up on assigned date sign a recognizance.

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Presentation transcript:

Pre-Trial Release Chapter 8, p

Less serious offences Accused may have to: sign a promise to appear – must show up on assigned date sign a recognizance – a guarantee to appear or pay a fine up to $500 have a surety – someone who will sign a recognizance for accused and will pay a fine if they do not appear Can be done by police officer if offence <5 years max. penalty

More serious offences Bail – temporary release of a prisoner who posts a sum of money or some other security to guarantee their appearance in court Bail hearing must be within 24 hrs. of arrest Called a “show-cause hearing” Must not be denied bail without just cause Just cause: Threat to public safety May flee Other just cause

Conditional Release A judge or justice of the peace may release an accused person with certain conditions attached. These terms may include: keep the peace (don’t break any other laws!) non-association (with criminals, children, etc.) surrendering passport (so they don’t leave country) curfew stay away from alcohol or drugs

What type of bail? Promise to Appear Recognizance Surety Money Deposit Conditional Release No bail (must be just cause!) NOTE: Some of these may be combined! For instance, an accused person may be released on a recognizance with conditions.