FREE LLM Master of Laws Criminal Law & Procedure Questions and Answers
A person who is being detained must complete all but one of the following:
An individual who is under arrest is not required to make a statement. The right to remain silent is a fundamental legal principle, and individuals have the right to refuse to make any statements to law enforcement or authorities.
When a person is under arrest, they are protected by their Miranda rights, which include the right to remain silent. They have the option to refrain from making any statements that could potentially incriminate themselves. This right is designed to prevent self-incrimination and to ensure that individuals are not compelled to provide evidence against themselves.
There is a preliminary hearing to ascertain:
In Canada, less serious transgressions are recognized as:
In Canada, less serious offenses are known as "summary conviction" offenses. Summary conviction offenses are considered to be less severe than indictable offenses, which are more serious criminal offenses.
Summary conviction offenses are typically heard in provincial or territorial courts and are subject to less severe penalties compared to indictable offenses. Examples of summary conviction offenses in Canada include certain types of theft, mischief, minor assaults, public disturbances, and some traffic offenses.
Which of the ensuing assertions is accurate?
View the justifications in the comments on the other responses.
A bail application or hearing must typically be made accessible within:
A preliminary hearing, also known as a preliminary examination or a probable cause hearing, is held to determine if there is enough evidence to proceed with a trial. This hearing takes place in criminal cases and is conducted before a judge or magistrate.
When an accused signs a commitment to appear, also known as:
While the term "peace bond" is related to the legal system, it is not specifically associated with the release of an accused individual by signing a promise to appear.
In many legal systems, an accused person may be released from custody pending trial by signing a promise to appear or providing a bail bond. This release type is often called "bail" or "pretrial release." Bail is a process where the accused is granted temporary freedom in exchange for a financial guarantee or a promise to abide by certain conditions, such as appearing in court for future proceedings.
On the other hand, a peace bond is a legal tool used in some jurisdictions to address potential threats or acts of violence. It is typically sought by a complainant (often a victim or concerned party) who believes that an individual poses a risk to their safety or peace. A peace bond involves a court order that requires the person against whom it is issued (the defendant) to abide by specific conditions, such as keeping the peace, refraining from contacting the complainant, or staying away from certain places. If the peace bond conditions are violated, the defendant may face legal consequences.