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After the Arrest

After the Arrest. Pre-Trial Release. Pre-trial Release (usually called bail):. It is the principle of our law that people should not be held in jail before trial unless there is a clear reason for doing so. Promise to Appear.

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After the Arrest

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  1. After the Arrest Pre-Trial Release

  2. Pre-trial Release (usually called bail): • It is the principle of our law that people should not be held in jail before trial unless there is a clear reason for doing so.

  3. Promise to Appear • The police officer in charge of the “lock up” at the station can release the accused if certain offences are involved. • The accused will sign a promise to appear in court, or enter what is called a recognizance which is an agreement that the accused will pay a certain amount of money if he/she fails to appear in court for trial.

  4. Hearing Before a Justice of the Peace • If an accused in not released by the police, he/she must be brought before a justice of the peace within 24 hours. Show Cause: It is up to the Crown to show cause why the accused should not be released: • The accused will not show up for trial • Detention is necessary for the protection or safety of the public • The accused will commit further crimes if released • It is in the public interest to detain the accused

  5. Terms of Release • Conditions • Recognizance with or without a surety. • A money deposit along with recognizance.

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