PRE-TRIAL RELEASE - AN ANALYSIS OF PROVISIONS OF THE CRIMINAL CODE RELATED TO BAIL AND ARREST

• NCJ Number: 45802
• Author(s): J A SCOLLIN
• Date Published: 1977
• Length: 242 pages
• Language: English
• Country: Canada
• Note: BEING A SECOND EDITION OF THE BAIL REFORM ACT

Annotation

THE MAIN FEATURES OF PRETRIAL RELEASE UNDER THE CANADIAN BAIL REFORM ACT ARE PRESENTED, ALONG WITH COMMENTS ON CODE SECTIONS AND IMPLICATIONS OF PRETRIAL RELEASE FOR THE ACCUSED AND FOR CRIMINAL JUSTICE PERSONNEL.

Abstract

THE MAIN FEATURES OF PRETRIAL RELEASE CONSIDERED ARE: RESTRICTIONS ON ARREST WITH AND WITHOUT A WARRANT; APPEARANCE NOTICE IN LIEU OF ARREST OR SUMMONS; APPEARANCE BEFORE A JUSTICE WITHOUT UNREASONABLE DELAY; RELEASE BY ARRESTING OFFICER; RELEASE BY OFFICER IN CHARGE; PRINCIPLES GOVERNING JUDICIAL PRETRIAL RELEASE; REVIEW OF DECISIONS AS TO PRE-TRIAL RELEASE OR DETENTION; REVIEW OF DETENTION WHERE TRIAL IS DELAYED; RELEASE PENDING APPEAL IN INDICTABLE OFFENSES; AND RELEASE PENDING APPEAL IN SUMMARY CONVICTION OFFENSES. THERE IS A SECTION-BY-SECTION EXPLANATION OF THE CODE, AND THE IMPLICATIONS OF PRETRIAL RELEASE FOR THE ACCUSED, THE POLICE, JUSTICES, PROSECUTORS, COUNTY AND DISTRICT COURT JUDGES, JUDGES OF SUPERIOR COURTS OF CRIMINAL JURISDICTION, AND JUDGES OF COURTS OF APPEAL ARE DISCUSSED. A TABLE OF CASES REFERRED TO IN THE TEXT IS INCLUDED ALONG WITH APPENDIXES CONTAINING FORMS TO BE USED UNDER THE BAIL REFORM ACT AND LISTINGS OF THE OFFENSES TO BE HANDLED IN VARIOUS WAYS UNDER THE CODE. (RCB)