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| Patrick Ducharme |
There is one exception in the amendments to the concept of restraint in bail. Persons alleged to have committed an act or acts of domestic violence, and have also been previously convicted of an offence or offences against an “intimate partner”, must overcome a reverse onus, requiring the accused to demonstrate why he should not be detained in custody.
The amendments include reference to the actions of the police. Sections 498 and 499 of the Code are amended. Prior to the amendments only the “officer- in-charge” had the power to release a person in custody. Pursuant to the amendments “police officers” also now have the power to release a person from custody.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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