Canadian Criminal Procedure and Practice/Model Examinations/Bail Hearing

Introduction

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

Officer

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

Surety

• 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)