Requirements: P&P 7.02
Call Records to start a Bail E-tracker
GOR - include explanation to why the accused was held for bail (primary and secondary grounds, list any conditions being requested if not standard conditions, mention if it is a 524 Administrative Arrest
Add charges
Copy of any active Forms of Releases (Summons, Appearance Notice, Undertaking, Release Orders)
Copy of any active Court Orders (Probation Order, Conditional Sentence Order, Intermittent Sentence Order, Suspended Sentence Order, Conditional Discharge, Peace Bond)
Victim Statement
Witness Statement
Notes
Will Say
Task for Pascal Disclosure
*CPU will complete the Bail Op Form (Patrol only required to complete Bail Op Form for EXECUTED WARRANTS)
Bail
There are two reasons that an Accused will be held in Custody pending a Bail Hearing:
Bail Opposed – Primary and/or Secondary grounds concerns, also consider Tertiary Grounds
Conditional Release – Release is not opposed however conditions requested are not about victim/witness safety therefore Police do not have the power to point the conditions on an Undertaking. The conditions requested are regarding attempts to stop repetition of the offence
Conditional Release
Conditional Release is used when the Accused would qualify for a release on an undertaking however Police are requesting conditions that cannot be placed on an Undertaking as they do not directly relate to the safety of the victims or witnesses.
Examples: Frauds – do not possess a credit card other than issued in your name
Mischief (Graffiti) – do not possess spray paint, markers, ….
Patrol Requirements
At the end of the General Report, state that accused is being held for a conditional release to obtain the specific conditions; list what conditions are being requested. Call Records for a Bail E-tracker. Complete your work in a timely manner, focus on the General Report and Charges first. Case prep will complete the bail op form with the conditions mentioned in the GOR.
Bail Opposed
Requesting that an Accused will be held for bail based on Primary and/or Secondary Ground concerns. Police do not want the accused to be released by courts. Also consider Tertiary grounds (detention is required to maintain the public's confidence in the justice system)
Patrol Requirements
At the end of the General Report, state why requesting the accused be held for bail (explain the primary and secondary grounds). If there are any unique conditions are being requested, should the accused get released, list the conditions and why in the GOR. If there is knowledge that a specific person would not be a good surety, list the person and the reason in the GOR. Call Records for a Bail E-tracker. Complete your work in a timely manner, focus on the General Report and Charges first. Case prep will complete the bail op form with the conditions mentioned in the GOR.
Things to remember:
Notify Patrol S/Sgt or Sgt of a bail
Consider Primary/Secondary Grounds - review Accused CPIC and CRII
If at the hospital, notify Custody/CPU as soon as possible
If accused is Youth, document in GOR if Parent/Guardian was notified and will attend Court, Complete Notice to Parent
On Weekends and STAT Holidays be aware of the arrest time. All accused arrested before 10am MUST attend court that day.
Add GOR and Charges FIRST, this allows CPU to start the paperwork for the bail. Bail court focuses on whether or not the Accused should be released. They are only looking at the charges and the story to support the charges. Statements, Notes, Will Says ... won't be looked at by the crown until after the bail hearing so focus on what is required for the Bail Hearing first.