Bail Checklist: Difference between revisions
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==Initial Steps== | ==Initial Steps== | ||
{{seealso|Bail Hearing (Model Examination)}} | {{seealso|Bail Hearing (Model Examination)}} | ||
Identify: 1) Accused name, 2) charges, 3) date of arrest | |||
* {{Box}} Review case synopsis, consider conflicts regarding self or others; | * {{Box}} Review case synopsis, consider conflicts regarding self or others; | ||
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* {{Box}} consider whether the accused should be assessed for fitness to stand trial under s. 672.11(a); | * {{Box}} consider whether the accused should be assessed for fitness to stand trial under s. 672.11(a); | ||
* {{Box}} collect any available background information on the accused including history of mental illness, drug abuse, employment history, residential history, or | * {{Box}} collect any available background information on the accused including history of mental illness, drug abuse, employment history, residential history, or | ||
* {{Box}} determine any concerns or safety concerns for the witnesses, complainants or victims; | * {{Box}} determine any concerns or safety concerns for the witnesses, complainants or victims; | ||
Request: 1) publication ban 517, 2) no contact 516(2) | |||
==Primary Grounds== | ==Primary Grounds== | ||
Revision as of 21:20, 6 May 2024
Initial Steps
Identify: 1) Accused name, 2) charges, 3) date of arrest
- ☐ 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;
Request: 1) publication ban 517, 2) no contact 516(2)
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