Understanding Bail: Your Rights and Options Before Trial
This guide provides essential information about bail, emphasizing that a criminal accused is presumed innocent until proven guilty. It differentiates between bail and sentencing, outlining the four options available at the police station: release on promise to appear, release on recognizance, release on undertaking, and remand in custody. At court, defendants have the right to a bail hearing, where the Crown must prove reasons for detention pending trial. Various potential dispositions, including release conditions and bail postings, are also discussed to help individuals understand their rights.
Understanding Bail: Your Rights and Options Before Trial
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Presentation Transcript
Bail! Judicial Interim Release
Always remember.... • A criminal accused is innocent until proven guilty.
Always remember... • Sentencing and Bail are different • Bail = you are still innocent, but there may be a reason why we need to keep you in custody. • Sentencing = you are GUILTY, and something bad needs to happen to you.
At the Station • Four choices: • Release on Promise to Appear • Release on Recognizance (promise to appear + money paid which you lose if you don’t show up at court) • Release on an Undertaking (promise to appear + agreed conditions ie. Stay away from Harjot) • Remand in Custody • Have to show cause before a court as to why you should be held in custody pending your trial
At Court • If you are remanded, you are entitled to a bail hearing • To keep you in jail pending trial, the CROWN must show 1. You will not show up for trial and 2. You are a danger to society (ie. You will tamper with evidence, or commit other crimes) • Some crimes (ie. Drug trafficking/Terrorism) require YOU to prove that you should be let go.
Potential Dispositions • Release with no security posted • Release on any of the documents above • Release on bail • A surety posts money into court, which he/she loses if you do not attend court on the appointed day • Remand pending trial