If they find something less exciting than a gun (say some pot), no skin off their back... evidence excluded but the pot's still off the street and the suspect has probably spent some very uncomfortable time in pre-trial custody awaiting bail in our perpetually dysfunctional
bail courts.
As my first blog post, I wrote about a subject that I find disturbing as a criminal lawyer — the breakdown of justice in some busy
bail courts.
Unfortunately in busy Toronto
bail courts, despite the clear language of Parliament, it often falls to the criminal defence lawyer to remind everyone of that.
No matter what the law says,
bail courts do not always function as they should.
However in busy
bail courts, this process sometimes breaks down.
In 1980 and before,
bail courts were set up in Toronto's Old City Hall on weekdays and Saturdays.
The justices of the peace would routinely remand the accused person to appear on Monday morning in one of the various
bail courts located in courthouses throughout Toronto.
There are
bail courts 365 days a year, 7 days a week.
Last spring the Provincial government announced cutbacks to the Bail Program that would see staffing of weekend
bail courts — arguably the time when Bail Program assistance is most needed — eliminated.
In practice, having an experienced lawyer in
bail court can make the difference between bail and jail.
Witnesses are given the necessary preparation to give effective testimony in support of the Release Plan, as well as necessary notice and preparation about the atmosphere and procedures of
bail court which is often crowded and fast moving.
Amendments to the Crime and Disorder Act 1998 proposed in the Coroners and Justice Bill 2008 - 09 [PDF](Part 3, Chapter 4: Live Links — p. 56) would allow authorities in a number of London and North Kent police stations to determine that an accused should appear before
a bail court, or for trial of minor offences, via a live video link to a remote courtroom.
The Toronto Bail Program (TBP) has recently announced that, effective Mar. 29, they will be discontinuing serving the weekend
bail court on Sundays and statutory holidays.
The initial chaos in
bail court caused by these projects pays dividends down the line as the vast majority of cases have resulted in most minor players being cut out entirely with mid and high - level suspects entering guilty pleas.
If a friend or relative contacted a police station on a Saturday evening looking for someone who had been arrested, they were advised the person would be attending
a bail court on Monday morning.
So there is a Saturday
bail court, a Sunday
bail court, a Christmas day
bail court.
People arrested on Friday and not released by that evening were typically held overnight in a single cell in a police station and then taken before a judicial officer presiding in the Saturday
bail court at Old City Hall.
One Crown in
bail court opposed his release for the crime he was charged with, another Crown looking at the same charge withdrew it on the first day (rendering the bail at an end).
In Ottawa, an accused person will usually first appear in
bail court at the Ottawa Courthouse at 161 Elgin Street in Courtroom No. 6.
«Today's decision provides clear guidance to any lawyer or justice of the peace in
a bail court as to how bail should be approached in the criminal justice system / It is indispensable reading for any lawyer who walks into any bail court across Canada.»
A person will often be brought to
bail court the morning after arrest.
The police look at different factors in deciding whether to release an accused or bring them to
bail court.
In
bail court, as in other courts, the judge or the justice of the peace is often called «the court.»
The police will consider these things when deciding whether to release the accused or take them to
bail court.
Wherever possible, the hearing should be conducted and completed on the first appearance of the accused in
bail court.
Amendments to the Crime and Disorder Act 1998 proposed in the Coroners and Justice Bill 2008 - 09 [PDF](Part 3, Chapter 4: Live Links — p. 56) would allow authorities in a number of London and North Kent police stations to determine that an accused should appear before
a bail court,...
Not exact matches
Then, Shkreli went to
court, where to his apparent surprise, a judge revoked his $ 5 million
bail after a stock fraud conviction last month, and sent him to prison — where he'll wait until at least next January.
The
court has increased
bail for Premchai to 400,000 baht.
Accountant Neil Anthony Alessandrino has been released on
bail after presenting to the Magistrates
Court today on 65 charges of fraud or stealing as director or officer of a company.
Law enforcement sources say the Justice Department is likely to identify the tech firms once the extradition process — which is expected to take months — is over, and Rimasauskas faces a
bail hearing in a U.S.
court.
Damaso Lopez Serrano was ordered held without
bail after a brief appearance in federal
court in San Diego.
The
court has increased
bail for Premchai to 400,000 baht ($ 12,610).
Citing that reasoning, the Supreme
Court denied Black
bail while it considered his appeal.
Miguel Estrada, one of Black's lawyers, told the Globe and Mail he intended to seek Black's release on
bail pending the Appeals
Court's deliberations.
Dexia, which has been
bailed out twice since the financial crisis, lost $ 774 million on mortgage - backed securities, according to
court records.
Supreme Judicial
Court of Massachusetts Holds that Judges Must Issue Findings of Fact when Setting Unaffordable
Bail for Indigent Defendants.
He extra that a Greek exit from the euro was not the sought after result and no person experienced pressured a
bail - out on Greece so the ball was in Athens»
court.
A Howard County District
Court judge ordered Dominique Davon McDonald, 21, held without
bail after a deputy state's attorney argued he...
Bail was designed to assure the defendant's appearance in
court.
He has been remanded in prison until August 10, when the
court will rule on whether to release him on
bail pending trial.
A decision by the most senior
court in India to grant a Christian campaigner
bail has been hailed as a source of «some solace» for believers in the country as Easter celebrations draw near.
PAKISTAN Nearly 70 suspects in the massacre of Christians in Gojra have a year of freedom on
bail after the Anti-Terrorism
Court suspended the trial because a key witness fled the country.
Chander, from Leamington, has yet to enter a plea and is due back in
court next month after being granted
bail.
Pell was allowed to leave the
court on
bail ahead of his next administrative hearing on May 16.
I could go on and on about all these poor bastards that can't afford
bail... you know, a «reasonable bond» they're entitled to - that's a freaking joke... now that people are wise to speedy trial nonsense, they are changing the rules and violating rights at the Supreme
Court level.
They say the former England captain was released on
bail subject to a
court appearance at Stockport Magistrates on the 18th September.
He was later
bailed but appeared at Stockport Magistrates
Court on Monday, pleading guilty to the charges he was accused of.
But Mallya has denied the charges and was released on
bail after appearing at Westminster magistrates»
court.
Joey Barton was refused
bail today after appearing in
court charged with assault.
I defy you or anyone else to tell me one single thing I can have by being married that I can't have without signing away my independence and putting myself at the mercy of gynocentric family
courts if my wife decides to
bail.