Canadian Criminal Procedure and Practice/Model Examinations/Bail Hearing

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Introduction[edit]

Be aware of whether there are any reverse onuses under s. 515(6)(a)to(d).

Officer[edit]

<the summary of the offence will be read into the record or the investigating officer will testify to the circumstances of the offence>

Surety[edit]

  • name / spell last name
  • age
  • martial status
    • where partner lives / relationship and support from partner
    • children ages / place of residence / occupation
  • education
    • name of school / level obtained / when obtained
  • employment
  • residence
    • address and location
    • whether owned or rented
    • who else lives in residence
    • how long resided at location
    • prior locations (address, location, duration)
  • Citizenship / if no, status in Canada, duration of stay in country
  • assets
    • owns residential or commercial property / equity
    • owns or rents vehicle / equity in vehicle
    • bank accounts / debts
  • ability of offer surety
    • amount of disposable money
    • value of pledgeable property
  • surety's connection to the accused (family, work, acquaintance)
  • knowledge of familiarity of the accused
    • personal circumstances of accused
    • drug or alcohol use by accused
    • access to weapons by accused
    • relationship between accused and complainant
  • aware of seriousness of circumstances
    • significant jail consequences if convicted of charge
    • accused's prior record / aware of risk of future charges
    • outstanding charges
  • history of previous attempts to monitor accused
  • understand supervision plan in detail
  • understanding of responsibilities
  • past experience as a surety (generally)