Release Provisions
- Submitted by: wave10
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- Category: Politics: Crime and Drugs
- Date Submitted: 01/04/2011 03:30 PM
- Pages: 4
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RELEASE PROVISIONS: POST CUSTODY DETENTION
1. ( level 1) Detention and mandatory release at the scene of the arrest
2. ( level 2) At the police station, OIC, or any police officer
3. ( level 3) At a bail hearing, Justice
RELEASE: refers to the termination of arrest, detention, and custody.
* An arrested person cannot be held in custody arbitrarily
* Specific rules and procedures found in part XVI (SS.498-529)
CHARGE: to make a formal allegation by laying information
COMPEL: to force the person to appear in court to answer the charge by issuing a document such as:
1) A promise to appear
2) A summons
3) An appearance notice
To make someone appear in court you need both an information that lays a formal allegation and a compelling document in that order.
TWO STAGES OF DETENTION: section 9 of the Charter mandates that neither of the two stages can be the result of arbitrary decision.
1. The initial custody stage represents the actual moment when arrest is made.
2. The second stage is the post-custody stage (PCD) involves up to three levels of the release model decision making process
Courts consider the unlawful denial of freedom, at any time during an investigation, to be the most serious Charter violation
BAIL: is define as any form of release authorized by the criminal code.
1) RELEASE: is an informal phrase referring to the termination of detention or custody and the restoration of freedom.
2) JUDICIAL INTERM RELEASE: When formal charges accompanies release, refers to an accused pre-trial freedom ( the accused is free during the interim between the laying of the charge and the trial)
3) A COURT APPEAREANCE: Compelling a court appearance refers to the process of legally forcing an offender to appear in court to answer a formal allegation.
* Compelling means the person has no choice
* it is accomplished by serving a “release document” or a “compelling document”
An “INFORMATION”: is a...
1. ( level 1) Detention and mandatory release at the scene of the arrest
2. ( level 2) At the police station, OIC, or any police officer
3. ( level 3) At a bail hearing, Justice
RELEASE: refers to the termination of arrest, detention, and custody.
* An arrested person cannot be held in custody arbitrarily
* Specific rules and procedures found in part XVI (SS.498-529)
CHARGE: to make a formal allegation by laying information
COMPEL: to force the person to appear in court to answer the charge by issuing a document such as:
1) A promise to appear
2) A summons
3) An appearance notice
To make someone appear in court you need both an information that lays a formal allegation and a compelling document in that order.
TWO STAGES OF DETENTION: section 9 of the Charter mandates that neither of the two stages can be the result of arbitrary decision.
1. The initial custody stage represents the actual moment when arrest is made.
2. The second stage is the post-custody stage (PCD) involves up to three levels of the release model decision making process
Courts consider the unlawful denial of freedom, at any time during an investigation, to be the most serious Charter violation
BAIL: is define as any form of release authorized by the criminal code.
1) RELEASE: is an informal phrase referring to the termination of detention or custody and the restoration of freedom.
2) JUDICIAL INTERM RELEASE: When formal charges accompanies release, refers to an accused pre-trial freedom ( the accused is free during the interim between the laying of the charge and the trial)
3) A COURT APPEAREANCE: Compelling a court appearance refers to the process of legally forcing an offender to appear in court to answer a formal allegation.
* Compelling means the person has no choice
* it is accomplished by serving a “release document” or a “compelling document”
An “INFORMATION”: is a...