Review of Detention Where Trial Delayed

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 180-185

180 Preliminary Matters / Judicial Interim Release

2.1(e) Review of Detention Where Trial Delayed

With what type of oence has

the accused been charged?

The

accused is

ineligible for

release under

s 5251

Is it an indictable or summary conviction oence?

Thirty days from a triggering

event, the jailer shall apply for

a detention review hearing2

The accused

shall remain in

custody

Should the accused be

released from custody?3

YesNo

The accused

shall be

released4

Summary Indictable

The criminal process moves slowly. Someone charged with an oence today

can, if they enter a not guilty plea, reasonably expect to wait months or years

for trial. Most people who nd themselves in this position will receive bail.

Some will not. This chart illustrates one of the mechanisms used by the Crimi-

nal Code, RSC 1985, c C-46 [Code] for dealing with the latter group — namely,

people who have not been convicted of any oence, but who have been or-

dered to remain in custody at least until the proceedings against them have

concluded.

Pursuant to s 525(1) of the Code, someone charged with an oence (other

than a s 469 oence) who has spent a certain number of days in custody since

their rst court appearance (s 503), has an order to remain in custody after

being arrested while on release (s 524), or has an order to remain in custody

Ninety days from a triggering

event, the jailer shall apply for

a detention review hearing2

s 469 ofence

Any non-s 469

ofence