Bail Checklist

• < Procedure and Practice
• < Judicial Interim Release

Initial Steps

• ☐ Review case synopsis, consider conflicts regarding self or others;
• ☐ 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;

Primary Grounds

Concerns as a Flight Risk

• ☐ Ties to the community
  • ☐ friends, family, other community members
  • ☐ school, employment, church, volunteering
  • ☐ Canadian Citizenship
• ☐ Criminal record (esp. those relating to compliance and honesty)
• ☐ Other outstanding charges
• ☐ History of compliance with police direction.
• ☐ Strength of conneciton to other provinces or other countries

Secondary Grounds

the circumstances of the offence:

• ☐ seriousness and nature of the offence
• ☐ duration of the offence, number of offences
• ☐ surrounding circumstances of the offence and offender
• ☐ accused's potential culpability
• ☐ involvement of firearms
• ☐ degree of planning and deliberation
• ☐ mental health issues (observable by witnesses or in video statement)
• ☐ addiction issues
• ☐ any other issues that suggest dangerousness
• ☐ suicidal tendencies
• ☐ consciousness of guilt
• ☐ physical and emotional impact of the incident upon the victim
• ☐ likelihood of lengthy sentence
• ☐ strength of the Crown's case[1]
• ☐ risk or harm to victim
• ☐ accused's criminal record
• ☐ previous outstanding release conditions
• ☐ history of abiding by court orders and conditions

Terms

☐ The Applicant shall keep the peace and be of good behaviour. ☐ The Applicant shall report within twenty-four (24) hours of his release from custody, in person, to the ___, and thereafter he shall report as and when directed by ___ and in any event not less than once per week in person. ☐ The Applicant shall reside at___, and shall not change his address without first obtaining the consent of the Court. ☐ When first reporting to the Bail Supervisor, the Applicant shall provide his phone number to the Bail Supervisor and he shall not change that phone number without first advising the Bail Supervisor. ☐ The Applicant shall obey all rules and regulations of his residence. ☐ The Applicant shall remain within the Province of ____. ☐ The Applicant shall remain within the property upon which his residence is located at all times, except he may leave his residence between the hours of 6:00 a.m. and 8:00 p.m. as follows: ☐ while in the company of his mother, ____; ☐ while in the company of his counsel; or ☐ while in the company of another adult person approved in writing by the Bail Supervisor. ☐ The Applicant shall present himself at the door of his residence when any Peace Officer or Bail Supervisor attends there for the purpose of determining his compliance with this Order. ☐ The Applicant shall respond personally and immediately to the phone when any Peace Officer or Bail Supervisor makes a phone call to his residence for the purpose of determining his compliance with this Order. ☐ The Applicant shall not leave ______, except with the permission of the Court or the written permission of the Bail Supervisor. ☐ The Applicant shall abstain from communicating, directly or indirectly, and shall have no contact, with [named persons], except as follows: ☐ through legal counsel, or ☐ while in attendance at court and within the courtroom. ☐ The Applicant shall not attend at or be within fifty (50) meters of any place which he knows to be the residence, school or workplace of any of those persons mentioned in condition 11, except while on a highway in a moving motor vehicle. ☐ The Applicant shall not possess or consume any alcohol or any controlled substance as defined in Section 2 of the Controlled Drugs and Substances Act, except as prescribed for him by a Physician. ☐ The Applicant shall not enter any liquor store, beer and wine store, bar, pub, lounge or other business premise where the primary commodity sold is liquor. ☐ The Applicant shall not possess any pipe, syringe or other drug paraphernalia. ☐ The Applicant shall register the number of any cell phone, pager or portable telecommunication device with the Bail Supervisor. ☐ The Applicant shall not possess any weapon as defined in Section 2 of the Criminal Code, and he shall not reside in a home where any other person keeps or stores any such weapon. ☐ The Applicant shall forthwith surrender for safekeeping to the ____ RCMP Detachment any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance in his possession, together with any authorization or registration certificate for any such item. Except for purposes of making the delivery to the ____ RCMP in accordance with this condition, he shall not possess any of the listed items and he shall not reside in a home where any other person keeps or stores any such item. ☐ The Applicant shall not possess any knife except for the purpose of preparing or eating food.