Many are also
denied bail because of a chronic lack of safe and secure accommodation to which they can be bailed.
The judge agreed with the prosecution and
denied bail.
Canadian resident
denied bail before deportation hearing over suspected militant involvement, Reuters
Part I of this article will demonstrate, however, that those charged with terrorism offences face a reverse onus that requires them to establish that they should not be
denied bail.
He was
denied bail, and bail reviews were also twice rejected.
In both Morales and Hall, the Court failed to examine the 1991 findings of the Manitoba Aboriginal Justice Inquiry that Aboriginal people in Manitoba were more likely to be
denied bail and held for longer periods of time.
Those denied bail in the Toronto 18 terrorism prosecutions were subject to prolonged detention in administrative segregation, and for the most part, had little success challenging their conditions of confinement.
Accused who come from or have been in foreign countries may likely be
denied bail.
The Court in Hall did not examine the findings of a subsequent inquiry that found African - Canadian accused were disproportionately
denied bail in Ontario.
Some clients, for example, are people who have been charged with crimes,
denied bail, and assigned legal aid - funded lawyers.
If an accused is
denied bail, he or she can appeal the decision to the Court of Queen's Bench.
Aboriginal people are more likely to be
denied bail, and make up a disproportionate share of the population in remand custody.
Removing a sentencing court's discretion to give any enhanced credit to offenders for pre-sentence custody, if
denied bail primarily on the basis of criminal record, violates the right to liberty guaranteed by s. 7, and is not justified under s. 1.
Removing a sentencing court's discretion to give any enhanced credit to offenders for pre-sentence custody, if they were
denied bail primarily on the basis of their criminal record, violates the right to liberty guaranteed by s. 7, and is not justified under s. 1.
Individuals charged with domestic assault are often
denied bail and, when released, are barred from residing at home and communicating with their own children.
«His life has been forever changed by the allegations that were made against him, being detained for two weeks after being
denied bail and forced into unemployment for the past year.
They're more likely to be
denied bail.
From this primary Charter violation stem the other two: a convict
denied bail will, all things being equal, spend more time in custody than a convict who had been granted bail (punished twice for the same crime).
He is receiving a sentence because he chose to exercise his right to a show cause hearing and was
denied bail because of his criminal record.»
Summarizing the applicant's position, the decision states: «If that person seeks bail and is
denied bail because of his criminal record, he could receive less credit for his pre-sentence custody than if he had simply consented to his custody.»
Finally, even where there are no concerns about flight or public safety, an individual can still be
denied bail if detention «is necessary to maintain confidence in the administration of justice.»
He also told my son to stop facebooking her from jail and the prosecuter had a good case even though it was a he sid she said.I think this judge needs to retire as he was bias and had it in for my son I was sickened by this bail hearing and
he denied him bail.
In the other case, the Supreme Court was unanimous in ruling that a person who is
denied bail because of prior convictions should be able to receive credit for time served before sentencing.
Under sentencing reforms introduced by the Conservatives in 2009, a person
denied bail because of a previous conviction is not eligible for enhanced credit.
Normally, a person
denied bail can get 1.5 days of credit for each day spent in pre-sentence custody, reflecting what are often harsh conditions with a lack of access to programs.
In the second case, R. v. Safarzadeh - Markhali, the court voted unanimously against denying enhanced credit for pre-sentence time spent in custody to those that had been
denied bail primarily due to a prior conviction.
«The denial of enhanced credit for pre-sentence custody to offenders who are
denied bail primarily because of a prior conviction is overbroad because it catches people in ways that have nothing to do with the legislative purpose of s. 719 (3.1) of the Code, which is to enhance public safety and security.
This Bill amends the YCJA to alter the framework governing the imposition of an adult sentence; broaden the circumstances in which a youth custodial sentence may be imposed; revise the objectives of the youth criminal justice system; modify youth sentencing principles; and provide a framework for determining whether a young person should be
denied bail.
Once you are
denied bail, you may apply to a higher court for a review of the detention order.
Normally a bail review occurs when an accused person has been
denied bail by the courts and wants to appeal this decision.
@use6726 so if they do retract the offer and modify it accordingly since you filed the motion, will they consider the fact that if you've already been
denied bail and time you've already spent in prison (sometimes months)?
He was
denied bail and is now scheduled to remain detained until the completion of his trial, which can take many months.
The latest Greenpeace activist has been
denied bail by a Russian court in the Arctic port city of Murmansk.
«The Night Of» is an engrossing, all - encompassing whodunit that takes on a fuller dimension when Naz,
denied bail, is transferred to Rikers Island and must fend for himself, choosing to ally with the prison alpha male, Freddy (Michael Kenneth Williams).
Most famously, he let 1,500 minks go free from a farm in Ontario and was arrested and
denied bail for 10 days by a judge who had just granted bail in only one day to a sex offender.
He was
denied bail on Monday and will be detained in custody until his case is heard on December 8.
A Circuit Court presided by Mrs. Patricia Amponsah
denied bail to the eight members of the vigilante group affiliated to NPP for storming the KMA Court last Thursday attacking the court and destroying property.
Ryan Lawrence, the Syracuse man accused of murdering his 21 - month - old daughter Maddox Lawrence last month, was
denied bail at his arraignment Wednesday after being indicted on first - degree murder and kidnapping charges.
He has also been
denied bail.
To top things off, Overton
denied all bail requests pending appeals, even though felons convicted of far more heinous crimes are routinely granted bail.
A member of the Hells Angels from Fredericton is now facing 12 new drug and weapon charges and remains in custody after being
denied bail.
The man charged with the murder Monday of a bail bondswoman in Columbia was
denied bail Thursday, prosecutors said.
He also announced a proposal to give judges greater discretion to set higher bail — or to
deny bail outright — based on suspects» potential for violence.
They are mandated to jail, detain and
deny bail to any perceived enemy of the regime even when this means going against the Constitution of Nigeria.
Therefore, for the court to
deny bail they must be satisfied that detention is necessary based on one or more of the above factors only.
If the charge against you is particularly serious or the police have deemed you a threat or a flight risk they may
deny bail and hold you in custody.
On What Grounds can a Court
Deny Bail?
In the most serious cases, where the court has deemed the offender to be a serious risk to the safety of the community or a flight risk, the court may
deny bail.
The fundamental problem, he says, is the arbitrariness of a provision that allows a justice of the peace, in granting or
denying bail for whatever reason, to limit the discretion of a superior court judge in deciding whether to grant enhanced credit.
Recently in Hamilton, a court considered the Ontario Domestic Abuse Risk Assessment (ODARA) before
denying bail to a man facing a charge of domestic assault.