Podcast
Questions and Answers
What is the primary purpose of a show cause brief in bail hearings?
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?
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?
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?
Who ultimately decides whether to recommend the opposition of bail?
What should be considered if a detention order cannot be justified?
What should be considered if a detention order cannot be justified?
What should be monitored regarding the accused person once they are released on bail?
What should be monitored regarding the accused person once they are released on bail?
When should the revocation of bail process be commenced?
When should the revocation of bail process be commenced?
What must be completed to oppose bail for an accused person?
What must be completed to oppose bail for an accused person?
What is the primary responsibility of the Officer in Charge when it comes to victim notification?
What is the primary responsibility of the Officer in Charge when it comes to victim notification?
What should happen if bail variances are granted to the accused person?
What should happen if bail variances are granted to the accused person?
What is a condition that must be verified when someone is received for a bail hearing?
What is a condition that must be verified when someone is received for a bail hearing?
If a police officer is notifying a victim, what prior action should be taken?
If a police officer is notifying a victim, what prior action should be taken?
What information must be recorded after notifying a victim about bail conditions?
What information must be recorded after notifying a victim about bail conditions?
What specific situations allow for the initiation of revocation of bail?
What specific situations allow for the initiation of revocation of bail?
Which of the following should be retained electronically after victim notification?
Which of the following should be retained electronically after victim notification?
What action should be taken when someone surrenders firearms as part of their bail conditions?
What action should be taken when someone surrenders firearms as part of their bail conditions?
What should be monitored regarding an accused person who is on interim release?
What should be monitored regarding an accused person who is on interim release?
What is required from the Ministry of Attorney General’s Victim/Witness Assistance Program when notifying a victim?
What is required from the Ministry of Attorney General’s Victim/Witness Assistance Program when notifying a victim?
What must be included in the brief concerning an accused person who is currently involved in new charges?
What must be included in the brief concerning an accused person who is currently involved in new charges?
Which procedure should be followed to ensure compliance when there is an outstanding warrant in another jurisdiction?
Which procedure should be followed to ensure compliance when there is an outstanding warrant in another jurisdiction?
When seeking a detention order, which aspect must be explicitly stated in the brief?
When seeking a detention order, which aspect must be explicitly stated in the brief?
What must happen regarding victim notification if the accused is at a heightened risk of releasing?
What must happen regarding victim notification if the accused is at a heightened risk of releasing?
What must be completed and included in the brief when preparing for a detention order?
What must be completed and included in the brief when preparing for a detention order?
Which option is NOT a consideration when ensuring safety relations during a bail hearing?
Which option is NOT a consideration when ensuring safety relations during a bail hearing?
What action is required if the accused is granted bail?
What action is required if the accused is granted bail?
What must be included in the Crown Envelope when there is an outstanding warrant?
What must be included in the Crown Envelope when there is an outstanding warrant?
When determining conditions for release, what must be ensured regarding public safety?
When determining conditions for release, what must be ensured regarding public safety?
What action should be taken if the accused has access to weapons through employment?
What action should be taken if the accused has access to weapons through employment?
What must be noted if an adjournment is necessary during a bail hearing?
What must be noted if an adjournment is necessary during a bail hearing?
Which option is essential for compliance when addressing bail conditions for cases involving violence?
Which option is essential for compliance when addressing bail conditions for cases involving violence?
What role does the case manager play when the victim is at heightened risk due to the accused's potential release?
What role does the case manager play when the victim is at heightened risk due to the accused's potential release?
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.
