01-15 Bail Hearings and Detention Orders

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Questions and Answers

What is the primary purpose of a show cause brief in bail hearings?

To provide the crown attorney with details to represent at the bail hearing (correct)

To summarize the criminal history of the victim

To outline the financial status of the accused

To recommend the release of all accused individuals

Which circumstance would most likely justify a recommendation to oppose bail?

The accused has no prior criminal record

The accused is a first-time offender

The nature of the crime poses a potential risk to a victim or the public (correct)

The accused claims to have strong community ties

What is highlighted as a critical aspect of the procedure developed for case briefs?

Focusing on cases with economic crimes

Reducing the amount of documentation required

Simplifying language for better understanding

Emphasizing detailed briefs for cases involving violent crimes (correct)

Who ultimately decides whether to recommend the opposition of bail?

The Officer in Charge Signup and view all the answers

What should be considered if a detention order cannot be justified?

Establishing strictly monitored conditions for release Signup and view all the answers

What should be monitored regarding the accused person once they are released on bail?

All court appearances and potential variances to bail conditions Signup and view all the answers

When should the revocation of bail process be commenced?

When the original offence is serious, such as murder or assault Signup and view all the answers

What must be completed to oppose bail for an accused person?

A brief outlining reasons for opposing or supporting release conditions Signup and view all the answers

What is the primary responsibility of the Officer in Charge when it comes to victim notification?

To delegate notification duties to another officer while maintaining accountability Signup and view all the answers

What should happen if bail variances are granted to the accused person?

The victim should be informed as soon as possible Signup and view all the answers

What is a condition that must be verified when someone is received for a bail hearing?

The crown envelope is completed according to procedure Signup and view all the answers

If a police officer is notifying a victim, what prior action should be taken?

Review the eReports before proceeding with the notification Signup and view all the answers

What information must be recorded after notifying a victim about bail conditions?

The date, time, person contacted, and attempts made to notify the victim Signup and view all the answers

What specific situations allow for the initiation of revocation of bail?

When the accused is arrested for serious crimes like robbery or assault Signup and view all the answers

Which of the following should be retained electronically after victim notification?

Release documents and the completed TPS 483 Signup and view all the answers

What action should be taken when someone surrenders firearms as part of their bail conditions?

Proper procedures for documentation and notification compliance must be followed Signup and view all the answers

What should be monitored regarding an accused person who is on interim release?

Their full compliance with bail conditions Signup and view all the answers

What is required from the Ministry of Attorney General’s Victim/Witness Assistance Program when notifying a victim?

To advise the victim on the importance of a safety plan Signup and view all the answers

What must be included in the brief concerning an accused person who is currently involved in new charges?

A notation of the previous charge, court date, and form of release Signup and view all the answers

Which procedure should be followed to ensure compliance when there is an outstanding warrant in another jurisdiction?

Procedure 02–01 Signup and view all the answers

When seeking a detention order, which aspect must be explicitly stated in the brief?

The grounds for continued detention and opposition to bail Signup and view all the answers

What must happen regarding victim notification if the accused is at a heightened risk of releasing?

The victim must be informed of their right to attend all hearings. Signup and view all the answers

What must be completed and included in the brief when preparing for a detention order?

A TPS – PS – Show Cause template Signup and view all the answers

Which option is NOT a consideration when ensuring safety relations during a bail hearing?

Seeking consent from the accused regarding witness statements. Signup and view all the answers

What action is required if the accused is granted bail?

The conditions of release should be verbally communicated to the victim promptly. Signup and view all the answers

What must be included in the Crown Envelope when there is an outstanding warrant?

A TPS 178 and a copy of the warrant Signup and view all the answers

When determining conditions for release, what must be ensured regarding public safety?

Conditions must be directly related to statutory grounds for release. Signup and view all the answers

What action should be taken if the accused has access to weapons through employment?

The employer must be notified of any prohibition order. Signup and view all the answers

What must be noted if an adjournment is necessary during a bail hearing?

The approximate time for completing investigations must be provided. Signup and view all the answers

Which option is essential for compliance when addressing bail conditions for cases involving violence?

Follow the search and seizure provisions of the Criminal Code. Signup and view all the answers

What role does the case manager play when the victim is at heightened risk due to the accused's potential release?

The case manager is responsible for preparing the documentation for victim notification. Signup and view all the answers

Study Notes

Rationale for Bail Opposition

A show cause brief informs the crown attorney of the case details for bail hearings.
Ensures safety of victims and the public while managing accused's release conditions.
A framework is established by the Toronto Police Service for producing consistent case briefs, especially in violent crime cases.

Supervision Protocol

Case manager notifies Officer in Charge regarding victim notification results.

Procedure for Bail Hearings

Focuses on victim safety and public protection during bail considerations.
Opposing bail is crucial when victim or public safety is at risk due to the accused's actions or crime nature.
Responsibility for bail opposition recommendations lies with the Officer in Charge.

Case Manager Responsibilities

Notifies relevant parties of the accused's new arrest, court dates, and other required compliance procedures.
Ensures complete and detailed information is included in the show cause brief.
Manages notifications to victims and monitors their safety plans.

Grounds for Opposition

Bail opposition is essential if it’s believed that releasing an accused endangers the victim, dependents, or public.
Detailed reasons for continued detention must be included in the brief for the crown attorney.

Recommending Conditions

Conditions for release must reflect safety needs and comply with legal grounds outlined in the Criminal Code.
Requests for adjournments may be made to gather further investigation information before bail hearings.

Victim Notifications

Victims must be informed of their right to attend bail hearings.
Details about bail conditions must be communicated promptly and personally to victims.
Victims advised to create safety plans and access resources like Victim Services Toronto.

Bail Grant Procedures

Upon bail grant notification, victims must be informed of conditions and next court dates immediately.
No release document copies are to be given to victims; conditions shall be verbally communicated.
Continuous monitoring of court appearances for potential bail condition variances is required.

Revocation of Bail

Revocation process initiated for serious offenses upon new arrests while on interim release.
Officer in Charge oversees adherence to revocation guidelines.

Officer in Charge Duties

Ensure compliance with procedures during bail hearings and manage the crown envelope documentation.
Final authority rests with Officer in Charge for recommending bail opposition.

Documentation and Tracking

Proper records of all victim notifications and communications must be maintained as supplementary information.
Compliance and retention of documents are essential for future reference and legal protocols.

Surrendering Property as Bail Conditions

Upon receiving surrendered documents (e.g. firearms or travel documents), procedures for handling and notifications to case managers must be followed.

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Description

This quiz covers the procedures and guidelines for crown attorneys and police in Ontario regarding bail hearings. It focuses on the format and contents of the show cause brief, which is essential for decision-making on release conditions or detention. Test your knowledge on these vital legal protocols.