Bail Checklist

• < Procedure and Practice
• < Judicial Interim Release

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)

Criminal Record:

• property: (range of time)
• violence:
• FTA:
• UAL:
• drugs or alcohol:
• weapons:
• breach (release or probation):

Onus

• Crown or accused s. 515(6)
  • indictable offence while at large on another indictable offence (a)(i)
  • offence involving firearm or firearm prohibition (a)(viii)
  • not ordinarily a resident (b)
  • intimate partner offence and has been convicted for an intimate partner offence (b.1)
  • charged with an offence under 145(2) to (5) while on release/at large

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

See Also

• Bail Release Form