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Questions and Answers
What is the procedure when a person is not arrested but needs to attend court?
What is the procedure when a person is not arrested but needs to attend court?
What must a peace officer provide when issuing an appearance notice?
What must a peace officer provide when issuing an appearance notice?
In what situation might a peace officer issue a summons instead of making an arrest?
In what situation might a peace officer issue a summons instead of making an arrest?
Which of the following is NOT a factor in deciding whether to compel attendance in court?
Which of the following is NOT a factor in deciding whether to compel attendance in court?
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What happens if the accused fails to attend court as indicated on their appearance notice?
What happens if the accused fails to attend court as indicated on their appearance notice?
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What must occur when a person is arrested and not released by the arresting officer?
What must occur when a person is arrested and not released by the arresting officer?
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What statement is true regarding the issuance of an appearance notice?
What statement is true regarding the issuance of an appearance notice?
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Under which circumstance may a peace officer choose not to arrest an individual for a criminal offence?
Under which circumstance may a peace officer choose not to arrest an individual for a criminal offence?
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Under what circumstance shall a peace officer not release a person?
Under what circumstance shall a peace officer not release a person?
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What must a police officer do if they are not satisfied that the public interest is met by releasing an accused?
What must a police officer do if they are not satisfied that the public interest is met by releasing an accused?
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What occurs if a justice is not available within 24 hours of an arrest?
What occurs if a justice is not available within 24 hours of an arrest?
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Which section of the Charter addresses the right to have the validity of detention determined?
Which section of the Charter addresses the right to have the validity of detention determined?
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What does section 11(e) of the Charter specifically safeguard?
What does section 11(e) of the Charter specifically safeguard?
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What must be arranged in advance for an accused to appear before a justice by audioconference or videoconference?
What must be arranged in advance for an accused to appear before a justice by audioconference or videoconference?
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What constitutes arbitrary detention under the Charter?
What constitutes arbitrary detention under the Charter?
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Which sections of the Criminal Code deal with judicial interim release?
Which sections of the Criminal Code deal with judicial interim release?
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What must a surety provide to the court?
What must a surety provide to the court?
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What is one responsibility of a surety regarding the accused?
What is one responsibility of a surety regarding the accused?
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What happens if the surety does not attend the bail hearing without consent?
What happens if the surety does not attend the bail hearing without consent?
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Which of the following must a proposed surety NOT possess?
Which of the following must a proposed surety NOT possess?
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What occurs if an accused breaches a condition of their release order?
What occurs if an accused breaches a condition of their release order?
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What must happen to the surety declaration before the bail hearing?
What must happen to the surety declaration before the bail hearing?
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What is required for the Crown to dispense with the surety declaration?
What is required for the Crown to dispense with the surety declaration?
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Which of the following statements is true about a surety's pledge?
Which of the following statements is true about a surety's pledge?
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What must the Crown demonstrate during a show cause hearing?
What must the Crown demonstrate during a show cause hearing?
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Under what condition is an accused person presumed innocent until proven guilty?
Under what condition is an accused person presumed innocent until proven guilty?
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Which section of the Code mandates the release of an accused without conditions?
Which section of the Code mandates the release of an accused without conditions?
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What aspect of the bail system was criticized in the R v Tunney case?
What aspect of the bail system was criticized in the R v Tunney case?
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What does the right not to be denied reasonable bail without just cause protect?
What does the right not to be denied reasonable bail without just cause protect?
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What forms of appearance may an accused use for their show cause hearing?
What forms of appearance may an accused use for their show cause hearing?
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During a show cause hearing, what document is provided to the accused's legal representative?
During a show cause hearing, what document is provided to the accused's legal representative?
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What is typically the only consideration during a bail hearing?
What is typically the only consideration during a bail hearing?
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What is one of the factors that a justice may consider regarding an accused during a detention hearing?
What is one of the factors that a justice may consider regarding an accused during a detention hearing?
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What is the minimum term of imprisonment for firearms-related offences that a justice must consider?
What is the minimum term of imprisonment for firearms-related offences that a justice must consider?
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What type of evidence can the Crown present at a show cause hearing that is generally not admissible at trial?
What type of evidence can the Crown present at a show cause hearing that is generally not admissible at trial?
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What is the primary purpose of the tertiary ground in the context of detention?
What is the primary purpose of the tertiary ground in the context of detention?
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Which of the following statements about evidence at a show cause hearing is true?
Which of the following statements about evidence at a show cause hearing is true?
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What may be included as evidence against the accused at a bail hearing?
What may be included as evidence against the accused at a bail hearing?
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Which of the following is considered prejudicial and cannot typically be presented at trial?
Which of the following is considered prejudicial and cannot typically be presented at trial?
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What is the term for evidence where one person recounts what another said outside of court?
What is the term for evidence where one person recounts what another said outside of court?
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Study Notes
Police Procedures to Compel Attendance in Court
- Police must choose from multiple procedures to compel a person's attendance in court depending on the circumstances
- If a person is not arrested, issuing an appearance notice or summons for court is sufficient.
- If the person is arrested, the police officer can release the person on an appearance notice, summons, or undertaking.
- The police can lay information first and issue a summons or arrest warrant.
- If the person is arrested and not released, they must be brought before a justice
- An appearance notice sets out the name of the accused, offence, date and time of the court appearance, courtroom number, and court location
- For a hybrid or indictable offense, the appearance notice contains information about fingerprinting
- Failure to attend court or fingerprinting is an offense
RICE Factors
- RICE Factors can be considered to determine whether a person should be arrested or released
- RICE factors include Reputation, Identity, Court, and Evidence
Judicial Interim Release
- If police believe that the public interest can be satisfied without arrest, they may issue an appearance notice
- If the police believe the accused will not attend court, or that a RICE factor exists, they may bring the accused before a justice
- An accused person can be released on a form of release, with or without conditions
Judicial Interim Release: When a Person Is Brought Before a Justice
- An accused person has the right to have the validity of their detention determined by way of habeas corpus
- The accused has a procedural right, which is the right to reasonable bail, that protects their liberty
- An accused person can appear before a justice by way of audioconference or videoconference as long as the arrangements are made in advance and satisfactory to the justice
- The technological means used must be satisfactory to the court
- The accused should be brought before a justice within 24 hours of arrest
- Failing to do so can constitute arbitrary detention
Judicial Interim Release: Release with or Without Conditions
- Judicial interim release is when a justice makes a decision about whether or not an accused person should be released on bail, with or without conditions
- The accused doesn't have to enter a plea or for the Crown to make a decision on how to proceed
- The only consideration is whether or not the accused should be released
- The accused can appear in court by way of telecommunications devices
- The accused is presumed innocent
- The accused has the right not to be denied reasonable bail
Show Cause Hearing
- An accused person is entitled to a show cause hearing if they want one, this could be a bail hearing or a show cause hearing
- The Crown must show cause why detention of the accused is justified
- The Crown may present evidence that the accused has a criminal record, or that the accused is charged with other offenses.
- The justice must consider the strength of the Crown’s case, the seriousness of the offence, and the circumstances surrounding how the offence was committed
- The justice must consider each ground on it’s own merit
- There may be concerns related to more than one ground
Evidence at the Show Cause Hearing
- Prosecutors can present evidence that proves the defendant committed the offense
- The rules of evidence are more lenient than at trial
- The Crown may present evidence of a criminal record
- Hearsay evidence is generally admissible at a bail hearing but not at trial
- The Crown may consent to release if the accused can provide sureties
Sureties
- A surety is a person who pledges to pay a certain amount of money to the court if the accused breaches their conditions of release
- The surety must ensure that the accused will abide by each condition
- The surety’s duties continue until the accused is acquitted or found guilty
- If the accused breaches a condition, the Crown may ask the court to note default and collect the amount pledged
- Surety declarations are filled out carefully and filed with the court in advance of the bail hearing, unless the Crown agrees to dispense with it
- A surety declaration must be provided to the court, or the sureties must attend the hearing
- The sureties must provide financial, character, and personal background information
- The sureties cannot have a criminal record
- Sureties can be cross-examined
- Sureties must be able to supervise the accused
Bail
- The bail system relies on the use of sureties
- The reasonableness of bail conditions was considered in the case of R v Zora
- The bail system can cause delays, waste of court time and resources
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Description
This quiz explores various police procedures for compelling attendance in court, including issuing summons and appearance notices. It also covers the RICE factors that inform decisions on whether to arrest or release individuals. Test your knowledge on these legal protocols and their implications.
