BAIL REFORM - 1976, A MANUAL FOR LAW ENFORCEMENT OFFICERS, 2D ED.

• NCJ Number: 47316
• Author(s): ANON
• Date Published: 1976
• Length: 141 pages
• Corporate Author: Ontario Crown Attorney's Assoc
• Publication Format: Document
• Language: English
• Country: Canada

Annotation

THIS HANDBOOK EXPLAINS THE CORRECT HANDLING OF ARREST AND BAIL PROCEDURES AS REQUIRED BY THE CANADIAN CRIMINAL LAW AMENDMENT ACT OF 1975, WHICH SUBSTANTIALLY CHANGED THE PROVISIONS OF THE 1971 BAIL REFORM ACT.

Abstract

THE BAIL PROCESS IS TRACED FROM ARREST, THROUGH THE COURTS, AND ON TO APPEAL. AT EACH STEP, THE RESPONSIBILITIES OF THE POLICE, JUSTICES OF THE PEACE, PROSECUTORS, AND JUDGES ARE OUTLINED REGARDING BAIL PROCEDURES. THE FIRST SECTION COVERS ALL ASPECTS OF POLICE BAIL RESPONSIBILITY, BEGINNING WITH ARRESTS WITH AND WITHOUT WARRANTS, GUIDELINES ON WHEN TO AVOID MAKING AN ARREST, AND PROCEDURES TO BE FOLLOWED ONCE AN ARREST IS MADE. THE POLICE OFFICER IN CHARGE HAS OVERALL RESPONSIBILITY FOR THESE PROCEDURES AND IS ALSO IN CHARGE OF SCHEDULING HEARINGS AND RELEASES. POLICE RESPONSIBILITY DURING REARREST AFTER A RELEASE IS ALSO DETAILED. THE JUSTICE OF THE PEACE IS RESPONSIBLE FOR FIVE PROCESSES TO ENSURE ATTENDANCE OF THE ACCUSED AT COURT -- THE ORIGINATING PROCESS, THE CONFIRMING PROCESS, THE OVERRIDING PROCESS (WHICH REQUIRES BAIL EVEN THOUGH THE POLICE HAVE GRANTED AN UNCONDITIONAL OR SUMMONS RELEASE), THE HANDLING OF DEFAULTS, HANDLING OF VIOLATIONS, AND SERVICE OF SUMMONS. JUDICIAL RELEASE AND DETENTION OCCUPIES THE MAJOR PORTION OF THE HANDBOOK. CONDUCT OF THE RELEASE HEARING IS DETAILED, AS IS THE PROSECUTOR'S DUTY TO SHOW CAUSE FOR RELEASE. THE APPEALS PROCEDURE, HEARINGS AFTER ARREST WHILE ON INTERIM RELEASE, AND A REVIEW OF DETENTION WHEN TRIAL IS DELAYED IS EXPLAINED. IF THE ACCUSED PERSONS ARE FOUND GUILTY, THEIR RELEASE PENDING APPEAL HAS BEEN GREATLY CHANGED BY THE 1976 AMENDMENTS. THESE CHANGES ARE DETAILED. VIOLATION OF RELEASE CONDITIONS, BOTH OFFENDER VIOLATIONS AND PROSECUTING DEFAULTS, ARE COVERED. OTHER STATUTES AFFECTING RELEASE ARE GIVEN. A TABLE OF COURT CASES CITED IS PROVIDED. APPENDIXES LIST APPEARANCE NOTICE OFFENSES, RELEASE OFFENSES, PROVIDE SAMPLES OF REQUIRED FORMS, AND INCLUDE THE TEXT OF THE BAIL REFORM ACT. (GLR)