Release After Breach of Release Conditions

From Criminal Law Notebook

General Principles

524 (1) ...
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Release of accused

(5) Where the judge does not order that the accused be detained in custody pursuant to subsection (4), he may order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions described in subsection 515(4) or, where the accused was at large on an undertaking or a recognizance with conditions, such additional conditions, described in subsection 515(4), as the judge considers desirable.

Order not reviewable

(6) Any order made under subsection (4) or (5) is not subject to review, except as provided in section 680.

Release of accused

(7) Where the judge does not make a finding under paragraph (4)(a) or (b), he shall order that the accused be released from custody.
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Release of accused

(9) Where an accused shows cause why his detention in custody is not justified within the meaning of subsection 515(10), the justice shall order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions, described in subsection 515(4), as the justice considers desirable.

Reasons

(10) Where the justice makes an order under subsection (9), he shall include in the record a statement of his reasons for making the order, and subsection 515(9) is applicable with such modifications as the circumstances require in respect thereof.

Where justice to order that accused be released

(11) Where the justice does not make a finding under paragraph (8)(a) or (b), he shall order that the accused be released from custody.
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CCC

See Also