Bail Hearing (Model Examination)

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Introduction

Be aware of whether there are any reverse onuses under s. 515(6)(a)to(d).

Form of Hearing

☐ Crown states its position on bail, including ☐ the grounds upon which detention is being sought, if applicable ☐ whether bail is being revoked on other charges ☐ whether the Crown is relying upon any reverse onuses under s.515(6) ☐ make any requests for publication bans

Officer

<the summary of the offence will be read into the record or the investigating officer will testify to the circumstances of the offence>

Review of Investigation/Allegations Review of Pending Investigative Steps Review Ability to Supervise Accused in Community ☐ Tell me about what supervision the police can perform to verify accused persons are abiding by their conditions? ☐ What can be done to monitor the accused's location in the community? ☐ What can be done to monitor internet or mobile phone use? Consider any Charter Issues Consider Weaknesses of Case

Surety

Core Biographical Info ☐ Your name? (spell last name) ☐ Your age? Your date of birth? ☐ Where were you born? If not in Canada, are you a Citizen? Residence ☐ Where do you live? What is your address? ☐ How long have you lived there? ☐ Do you rent or own? ☐ What are your prior locations (address, location, duration)? Professional Circumstances ☐ What is your level of education? When was that obtained? ☐ What is your current employment? What is your position? ☐ What general kind of hours does this work entail? What is your work schedule? How long have you worked there? Family Circumstances ☐ What is your marital status? If married, how long have you been married? If common law, how long have you cohabitated? ☐ Who is your partner? What is their profession? ☐ Do you have any children? What are their ages? What do they do? Are they in your care? Criminal Record ☐ Do you have a criminal record? ☐ Do you have any outstanding charges? ☐ Are you a surety for anyone else at the moment? Pledgable Assets ☐ Do you own any residential or commercial property? How much equity is there? ☐ Do you own or rent a vehicle? How much equity is in the vehicle? ☐ How many bank accounts do you have? What is the balance? ☐ Are there any other assets you have access to? What is the total value? ☐ Is any of this property or assets pledged to a court or someone else? ☐ Are you willing to pledge any amount of these assets to the Court? ☐ Are you aware that the property may be forfeited to the Court if there is a breach of release conditions? ☐ Are you aware that conditions may take form of reporting requirements, limitations on contact, possession, and movement?

Ability to Supervise ☐ As a surety are you aware of your duties as follows:L ☐ track the accused's court dates and accompany him to them? ☐ ensure that the accused is following his conditions at all times? ☐ Contact the police, should they fail to follow them? ☐ If the accused is released, is the accused able to stay at your residence? ☐ Are the other residents at your place willing to have the accused stay at your place? ☐ How often are you free to monitor the accused? How would you monitor him while you are at owrk or otherwise away? ☐ Where in your house would the accused reside? ☐ Are you able to monitor him to ensure that he does not breach any of his conditions, including: ☐ Stay in residence under house arrest/curfew? ☐ Not to possess or consume weapons, alcohol, drugs or electronic devices? ☐ Are you able to attend court with him? What about escorting him to other things? ☐ Are you able to abide by these requirements knowing that trial could be 1 or more years away? ☐ Should you need to attend to unplanned court appearances or similar matters while you are at work, are you able to accommodate this? ☐ Should you have reason to believe that he breached his conditions are you prepared to call the police? Knowledge or familiarity of the accused ☐ surety's connection to the accused (family, work, acquaintance) ☐ how often are you in contact with the accused? In person? How far away do you live? ☐ Are you familiar with personal circumstances of accused including ☐ drug or alcohol use by accused ☐ access to weapons by accused ☐ relationship between accused and complainant ☐ Do you have a good relationship with the accused? Doe she listen to you and follow your advice? Aware of seriousness of circumstances ☐ outstanding charges ☐ significant jail consequences if convicted of charge ☐ accused's prior record / aware of risk of future charges Prior experience as a surety ☐ Have you any experience being a surety (generally)? ☐ Did the accused comply with those conditions? What were they? ☐ Were there any problems that arose while being a surety?

Accused

Core Biographical Info ☐ Your name? (spell last name) ☐ Your age? Your date of birth? ☐ Where were you born? If not in Canada, are you a Citizen? Residence ☐ Where do you live? What is your address? ☐ How long have you lived there? ☐ Do you rent or own? ☐ What are your prior locations (address, location, duration)? Professional Circumstances ☐ What is your level of education? When was that obtained? ☐ What is your current employment? What is your position? ☐ What general kind of hours does this work entail? What is your work schedule? How long have you worked there? Family Circumstances ☐ What is your marital status? If married, how long have you been married? If common law, how long have you cohabitated? ☐ Who is your partner? What is their profession? ☐ Do you have any children? What are their ages? What do they do? Are they in your care? Health ☐ Do you have any mental or physical ailments that have been diagnosed by a medical professional?

Criminal Record ☐ Are there any errors in the submitted criminal record? ☐ Are there any explanations (or mitigating facts) for specific convictions? ☐ Do you have any other outstanding charges? Pledgable Assets ☐ Do you own any residential or commercial property? How much equity is there? ☐ Do you ownsor rent a vehicle? How much equity is in the vehicle? ☐ How many bank accounts do you have? What is the balance? ☐ Are there any other assets you have access to? What is the total value? ☐ Are you willing to pledge any amount of these assets to the Court? ☐ Are you aware that the property may be forfeited to the Court if there is a breach of release conditions? ☐ Are you aware that conditions may take form of reporting requirements, limitations on contact, possession, and movement? Need for Release ☐ What are the reasons you need to be released? Knowledge of familiarity with the surety ☐ relationship between accused and complainant Connection with other jurisdictions ☐ do you own any property or assets in another country? ☐ do you have any family out of country? Tell me about them. ☐ Are you willing to give up you passport to prevent you from leaving the country?