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Pre-Trial Release Chapter 8, p. 212-13
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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
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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
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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
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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.
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