1. Release and Bail Procedures
Lesson 37
CLN 4CR

2. 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)

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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’

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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)

15. 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

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

17. 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)