He said the old one focuses on risk aversion as opposed to what the Criminal Code says about the presumption of the innocence and
releasing accused people with the least restrictive conditions when they do not pose a risk to the public.
Therefore, counsel to the accused persons, Bose Adeyinka, urged the court to
release the accused persons on their initial bail, noting that they have never jumped bail since they were granted bail.
Once the accused arrives at the courthouse, the Crown prosecutor has the discretion to
release the accused person on conditions, without the need for a contested bail hearing.
They may decide to
release the accused person without a bail hearing.
[2] Moreover, Parliament judged that there are circumstances in which
releasing an accused person could undermine the repute of the justice system, and this led it to provide, in s. 515 (10)(c) Cr.C., for a third ground for interim detention, maintaining confidence in the administration of justice.
A bail application is a court hearing where the Crown and Defence present their arguments, and a judge decides whether to
release the accused person on bail conditions.
Not exact matches
However, the IGP in a press
release on Thursday, April 6 stated: «We had police officers at the court and we had about 20 officers on standby but, if you remember we gave the
accused persons [police] bail when they were suspects and they willingly appeared before the court, so you can imagine that the extent of danger or likelihood of they escaping was not as high as we will believe,» he explained at a press conference in Accra on Thursday, April 6.
The funds which were allegedly
released to the
accused persons between October, 2014 and March 19, 2015 were allegedly transferred from an account the office of the NSA operated with the Central Bank of Nigeria, CBN, to a First Bank of Nigeria Plc account owned by DAAR Investment and Holding Company Limited.
Ekundayo Adigun, the media aide to the detained leader of
Peoples» Democratic Party (PDP) National Youth Frontier, Austin Okai, has
accused Kogi State governor, Yahaya Bello, of using the apparatus of government to frustrate Okai's
release.
When you are the company usually
accused of copying Apple and their designs... it takes guts to hold your event first, and it takes talent to
release products that get
people talking.
Often times a surety will have to guarantee a significant amount of money to secure the
release of an
accused person.
A common condition of
release is often that an
accused person will obey the rules of his or her surety.
A surety is responsible for making sure an
accused person comes to court when they are required to and that they follow the conditions of their
release.
Yes, some offences will always attract a reverse onus standard, leaving the obligation on the defence to demonstrate why an
accused person should be
released prior to trial.
Accused persons who do not get
released on bail are more likely to plead guilty, and more likely to be convicted even if they plead not guilty.
While there may be the occasional headline - grabbing incidents of «bail gone bad», for the vast majority of
people on bail, pre-trial
release simple recognizes the fact that our criminal justice system presumes all
accused persons to be innocent until proven guilty.
The section of the Criminal Code that deals with bail says that the Justice «shall
release» the
accused person, unless the prosecutor shows cause on the three grounds that exist to detain a
person.
If the system is working properly, an
accused person with no criminal record and no special circumstances should be
released quickly.
The
accused individual is usually removed from the home and taken into police custody, and the terms of being
released may prevent the
person from having access to his or her children.
Known informally as «bail,» this legal mechanism allows for
accused persons to be
released from custody pending a trial or resolution of their criminal charges.
Police in Ontario have started using a new assessment tool to determine whether a
person accused of domestic violence should be
released on bail.
But this form of combined «cash - plus - surety»
release is not available to
accused persons who do not meet these geographic criteria.
Where an
accused person was ordered detained by a Justice of the Peace at a bail hearing, section 520 of the Criminal Code allows a judge of the Superior Court of Justice to quash the decision and order the
accused released on bail.
A surety is a responsible
person who knows the
accused well and promises the Court to help ensure that the
accused re-attends as required and follows the
release conditions imposed.
The Crown Attorney will then make a decision whether to seek the
accused person's detention or consent to his or her
release.
Once the Crown has decided to seek the
accused person's detention, it is necessary to have a bail hearing, where potential sureties and, sometimes, the
accused can testify as to what the plan of
release is.
After hearing from the sureties (and / or
accused person), the Judge or Justice of the Peace will make a decision whether to
release or detain the
accused.
If the parties can not agree, the Crown will let the presiding Judge or Justice of the Peace know that he or she is seeking the detention of the
accused person on one of the three grounds in the Criminal Code: i) the primary ground (that the
accused will not attend for court and could flee the jurisdiction), ii) the secondary ground (that the
accused is a public safety risk and there is a substantial likelihood he or she will reoffend while out on bail), and iii) the tertiary ground (that the public will lose confidence in the administration of justice should the
accused person be
released).
Time is spent in these workshops reviewing transcripts of bail hearings and discussing whether an
accused person should be detained and, if
released, the type and conditions of
release, and domestic violence issues.
A peace officer [1] who arrests an
accused person or a peace officer who is in charge of the detainee may
release the
accused under s. 497 or 498.
In this situation an
accused person is
released from police custody after they sign documents promising to come to court and often to come back to the police station to be fingerprinted (if they were not fingerprinted at the time of their arrest).
The Criminal Code also allows no - communication and no - attendance orders to be made as a condition of the
release of an
accused person on bail (see sections 499 (2), 503 (2.1), 515 (4) and (4.2), 522) and as a condition of a probation order made when a
person is sentenced for a domestic violence - related offence (see section 732.1).
A surety is a
person who assumes responsibility for the
accused's compliance with their conditions of
release by promising to pay a sum of money if the
accused breaches any of those conditions.
Although most
accused persons will be
released by the police or at a bail hearing, given the importance of the protection of the public, the Prosecutor must seek an order that the
accused be detained in custody where she believes that the
release of the
accused would jeopardize the safety and security of the victim or public, and that such risk can not be appropriately mitigated by some form of community - based
release with conditions.
Sometimes, having a surety available is the difference between whether the
accused person will be
released on bail before trial.
Release pending trial is critically important to every
accused person, both because defending a case is much more difficult from in - custody than out; and also because the presumption of innocence is always undermined where a
person is held in jail before his or her guilt and innocence is determined.
A surety is a
person who is willing and prepared to «vouch» for the good behaviour of an
accused if he or she is
released, as well as vouching for the fact that he or she will attend court when required.
In fact, the Conservative bill mandates that someone like Baker should be
released if a court is «satisfied that there is not a substantial likelihood that the
accused will use violence that could endanger the life or safety of another
person.»
A surety is a
person who has signed a written promise to pay the court a specified amount of money if the
accused person breaches their
release order.
The Officer - In - Charge is generally a high ranking police officer who decides whether an
accused person can be
released by police, or they must be detained until a bail hearing.
This is another term for bail hearing, where the judge decides if an
accused person is being
released from custody before their trial or sentencing.