Question 1

What is the maximum number of jurors allowed in a trial?

Accepted Answer

The answer of What is the maximum number of jurors...

Question 2

If an accused is brought to a police station and it is revealed they live more than 200 kilometres away, they would be required to deposit $1,000 before they could leave.

Accepted Answer

The requirement for an accused to deposit money before they can leave a police station is not determined by the distance they live from the station but rather by the bail conditions set by a court, if applicable.

Question 3

Before an arrest is made, there must be reasonable grounds that an individual has committed a specific crime.

Accepted Answer

Before making an arrest, law enforcement officers must have probable cause, which means they must have a reasonable basis to believe that the individual has committed a specific crime. This standard helps protect individuals from arbitrary or unjustified arrests.

Question 4

When a person is taken into custody, they must see a provincially appointed judge within a specific amount of time.

Accepted Answer

When a person is taken into custody, they must be brought before a judge within a specific timeframe as mandated by law to ensure their rights are protected and to determine the legality of the detention. This timeframe can vary by jurisdiction but is a fundamental right in many legal systems to prevent unlawful or prolonged detention without judicial oversight.

Question 5

Those arrested with an arrest warrant that has not been endorsed by a justice of the peace which would allow the accused to be released are usually processed at the police station.

Accepted Answer

When an arrest warrant is issued without an endorsement by a justice of the peace for release, the accused must be processed at a police station. This is because the lack of endorsement means there hasn't been a pre-determined decision on the conditions for their release, necessitating further processing to determine those conditions or to hold the accused for a bail hearing.

Question 6

"Lodging a complaint" is when police arrest an individual without a warrant and take the individual to the police station to record the criminal charges and obtain other information.

Accepted Answer

The answer of "Lodging a complaint" is when police arrest...

Question 7

Usually for s. 553 offences, individuals detained may not be released by a police officer by a summons or an appearance notice.

Accepted Answer

Under s. 553 of the Criminal Code of Canada, offences are considered absolute jurisdiction offences, which means they are relatively minor and can be tried summarily. Police officers have the discretion to release individuals accused of such offences by issuing a summons or an appearance notice, rather than detaining them until a bail hearing.

Question 8

Only "strong" or "winnable" cases may be pursued.

Accepted Answer

The given statement explicitly states that only "strong" or "winnable" cases may be pursued, indicating that cases that are not considered strong or winnable should not be pursued.

Question 9

Those charged with indictable offences punishable by more than five years' imprisonment are usually processed at the police station.

Accepted Answer

The question states that those charged with indictable offences punishable by more than five years' imprisonment are usually processed at the police station. This means that the statement is true.

Question 10

After the passing of Bill C-25, Delphine was to have a sentence imposed on her. She has spent 30 days in custody so far. How many days will Delphine receive credit for on her sentence under s. 719(3) of the Criminal Code?

Accepted Answer

Under s. 719(3) of the Criminal Code, an accused is given credit for 1.5 days for each day spent in custody prior to sentencing. Therefore, Delphine will receive credit for 30 days x 1.5 = 45 days.

Question 11

Those charged whom the police believe will not appear at their trial are usually processed at the police station.

Accepted Answer

The passage states that those charged whom the police believe will not appear at their trial are usually processed at the police station.

Question 12

When an accused is prosecuted, convicted, or sentenced, for justice to be achieved it must be delivered in accordance with rules and principles that express values of legality, legitimacy, and fairness.

Accepted Answer

Justice requires that the prosecution, conviction, and sentencing of an accused be conducted in a manner that adheres to established legal standards and principles, ensuring the process is legitimate, fair, and respects the rule of law.

Question 13

The rules and principles of criminal procedure involve a balance between the interests of the state and the rights of the accused.

Accepted Answer

The rules and principles of criminal procedure are designed to balance the state's interest in enforcing laws and maintaining public order with the rights of the accused to ensure fairness and justice in the legal process.

Question 14

The bail hearing is the due process designed to see whether the suspect should be released, and, if so, what level of bail is necessary to ensure that they will appear in court on the designated day.

Accepted Answer

A bail hearing is a court proceeding where a judge determines whether a suspect can be released from custody before their trial and, if so, sets the amount of bail that must be posted as a guarantee of the suspect's appearance at future court dates.

Question 15

The purpose of conditional release is to allow as many accused as possible to leave the police station as quickly as possible.

Accepted Answer

Conditional release aims to balance the need for public safety and the presumption of innocence until proven guilty by allowing accused individuals to be released from custody under certain conditions, rather than detaining them until their trial.

Question 16

If a charge is for a lesser offence, the police will hold the accused until a bail hearing can be arranged.

Accepted Answer

Police may release the accused on a promise to appear or on bail for lesser offences without holding them until a bail hearing.

Question 17

If a person is arrested without a warrant and taken into custody, they will be brought before the officer in charge or another peace officer, but the officers do not have the authority to release the person.

Accepted Answer

After being arrested without a warrant, the person may be released by the officer in charge or another peace officer under certain conditions, such as if the officers believe the charges do not warrant further action or if bail is posted, depending on the jurisdiction's laws.

Question 18

What was the first mega-trial in Canada?

Accepted Answer

R. v. McNamara, also known as the "Biker Trial," was the first mega-trial in Canada, involving members of a motorcycle gang and marking a significant moment in Canadian legal history for its scale and complexity.

Question 19

In 2014, what did the Supreme Court of Canada decide in a trilogy of cases regarding pretrial credit?

Accepted Answer

In 2014, the Supreme Court of Canada decided in a trilogy of cases that judges are to give 1.5 days of credit for each day spent in pretrial custody, under certain conditions. This decision was made to compensate for the lack of parole eligibility and other programming opportunities for individuals in pretrial custody.

Question 20

After the passing of Bill C-25, Anatoly was to have a sentence imposed on him. He has spent 30 days in custody so far. The judge has decided there were exceptional circumstances involved in his case. How many days will Anatoly receive credit for on his sentence under s. 719(3) (1) of the Criminal Code?

Accepted Answer

Under s. 719(3) (1) of the Criminal Code, if a judge finds that there are exceptional circumstances, the credit for time spent in custody before sentencing can be up to 1.5 days for every day spent in custody. Therefore, for 30 days in custody, Anatoly would receive credit for 45 days on his sentence.

Quiz 8: Pretrial Criminal Procedure