Forms of Release

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 162-167

162 Preliminary Matters / Judicial Interim Release

2.1(b) Forms of Release

If the accused is not released on an undertaking without conditions:1

Is this form of release

appropriate?3

No

Consider the next most

onerous form of release2

The accused shall be

released on the last form

considered

Yes

Was this the last form of

release available?

Yes

The accused shall be

remanded in custody

No

The issue of whether to release an accused pending trial (see Chart 2.1(a), Show

Cause Hearings) is closely related to how to release this individual. Subsection

515(2) of the Criminal Code, RSC 1985, c C-46 [Code] provides for several means

of doing this, which it sets out in a list ordered from least to most restrictive:

(2) Where the justice does not make an order under subsection (1), he shall,

unless the prosecutor shows cause why the detention of the accused is justi-

ed, order that the accused be released

(a) on his giving an undertaking with such conditions as the justice directs;

(b) on his entering into a recognizance before the justice, without sureties,

in such amount and with such conditions, if any, as the justice directs

but without deposit of money or other valuable security;

(c) on his entering into a recognizance before the justice with sureties in

such amount and with such conditions, if any, as the justice directs but

without deposit of money or other valuable security;

(d) with the consent of the prosecutor, on his entering into a recognizance

before the justice, without sureties, in such amount and with such con-

ditions, if any, as the justice directs and on his depositing with the justice

such sum of money or other valuable security as the justice directs; or

(e) if the accused is not ordinarily resident in the province in which the ac-