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).

Checklist

Preparation

In anticipation of the hearing, the crown should prepare as follows:

Areas of Preparation

Comments

have a complete and accurate summary of the offence; have statements of witnesses and complainant; have an updated print out of the accused's criminal record; consider whether any other outstanding release orders should be revoked under s. 524. consider whether the accused should be assessed for fitness to stand trial under s. 672.11(a); collect any available background information on the accused including history of mental illness, drug abuse, employment history, residential history, or determine any concerns or safety concerns for the witnesses, complainants or victims;

Form of Hearing

Areas of Questioning	Comments
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>

Surety

Areas of Questioning

Comments

name / spell last name age martial status where partner lives / relationship and support from partner children ages / place of residence / occupation education name of school / level obtained / when obtained employment Criminal Record Pending matters residence address and location whether owned or rented who else lives in residence how long resided at location prior locations (address, location, duration) Citizenship / if no, status in Canada, duration of stay in country assets owns residential or commercial property / equity owns or rents vehicle / equity in vehicle bank accounts / debts ability of offer surety amount of disposable money value of pledgeable property surety's connection to the accused (family, work, acquaintance) history of effective presence in the accusd's life prior to offence knowledge of familiarity of the accused personal circumstances of accused drug or alcohol use by accused access to weapons by accused relationship between accused and complainant aware of seriousness of circumstances outstanding charges significant jail consequences if convicted of charge accused's prior record / aware of risk of future charges history of previous attempts to monitor accused understand supervision plan in detail understanding of responsibilities past experience as a surety (generally)

Accused

Areas of Questioning

Comments

name / spell last name age martial status where partner lives / relationship and support from partner children ages / place of residence / occupation education name of school / level obtained / when obtained employment Criminal Record Pending matters residence address and location whether owned or rented who else lives in residence how long resided at location prior locations (address, location, duration) Citizenship / if no, status in Canada, duration of stay in country assets owns residential or commercial property / equity owns or rents vehicle / equity in vehicle bank accounts / debts knowledge of familiarity of the surety personal circumstances of accused drug or alcohol use by accused access to weapons by accused relationship between accused and complainant