Arrest or detention, four decisions must be made: Whether to release the accused or continue detention; How long the

detention should be; Whether or not to compel the accused to appear in court; and What document to serve to compel Release refers to the termination of arrest, detention, and custody. An arrest person cannot be held in custody arbitrarily Charge to make a formal allegation by laying an information Compel to force an accused person to appear in court to answer the charge by issuing a document such as promise to appear a summons or an appearance notice Bail any form of release authorized by the criminal code It may involve the deposit of money or valuable security as a condition of release. Section 11 (e) charter: Governs judicial decision-making Contains two distinct elements: The right to reasonable bail The right not to be denied bail without just cause <- public interest must be met Presumption of innocence Section 6(1) c.c. ensures that a person shal be deemed not to be guilty of the offence until he is convicted Denial of bail has a detrimental effect on the presumption of innocence Legislative evolutionCommon law created two separate and distinct grounds for bail denial 1869-1960 federal law created the presumption of pre-trial detention 1960 ineffective, inequitable, and inconsistent 1972 bail reform act -> makes police the power to release people prior to trial 1995: bill c-42 amended the criminal code release provisions <- more release terms available. Objective of bail: To maintain public confidence in the bail system and the justice system as a whole To create a properly functioning bail system with narrow and carefully tailored rules To preserve the presumption of innocence and impose pre-trial detention only in limited cases. The general rule Is RICE fulfilled? If RICE is not fulfilled, continued detention is justified. If RICE is fulfilled, release is mandatory.

Where you can release: At the scene of the arrest -> police officer At the police station -> officer in charge (supervisor, staff sergeant) At the bail hearing -> justice (court judge) Deciding whether to charge and compel use their discretion in deciding: Charge the offender and compel a court appearance Not charge the offender and use an alternative means to solve the problem (unconditional release) If you charge the offender, you need two documents: A sworn information, to formally charge the offender and; A release or compelling document to force the offender to appear in court. For the document: All release or compelling documents to share the same purpose and the same contence Name of accused, name of offence, date time and address of court Young offenders -> notify the parents and legal guardians. Methods of release: LEVEL 1 Appearance notice The intention of serving summons subsequent to release Unconditional release LEVEL 2 OIC officer in charge Must release if RICE is met ->offender is either summary conviction or dual