LEGAL RESEARCH – ASSIGNMENT 1

LEGAL RESEARCH – ASSIGNMENT 1

If Ariana is to be released, what are some of the conditions that a Justice of the Peace can impose upon her?

Does Ariana have to have a surety in order to be released?

Is a Justice of the Peace required to impose a no weapons prohibition upon her?

When would Ariana's detention in custody be justified?

In your assignment, please make reference to the relevant statutory provisions and how they apply in this case. You do not need to copy the entire sections of the statute. You can summarize them and discuss how they affect Ariana's case.

Assignment 1 Question 1

If Ariana is to be released, what are some of the conditions that a justice of the peace can impose upon her?

If a person is granted judicial interim release, the conditions that may be imposed upon the person are contained in section 515(4) of the Criminal Code, RSC 1985 c C-46. The conditions include a mandatory reporting term, remaining within a specified territorial jurisdiction, notifying a peace officer of a change in address or employment, etc.

In Ariana’s case, the most applicable conditions are likely contained in paragraphs d and e of section 515(4). Section 515(4)(d) provides that the accused can be subject to a condition where he or she is precluded from communicating with certain individuals. Ariana will likely be subject to the condition that she cannot communicate with any of the alleged victims.

Section 515(4)(e) allows the justice to make an order that the accused not enter a location or a geographic area. Ariana will likely not be permitted to enter any of the establishments where she allegedly committed the fraud.

Ariana can be given bail for the following conditions:

· She will have to surrender her passport to the police.

· She would present at every hearing.

· There must be a guarantee by some responsible person who has the ability to take the inability of the money if he is able to pay.

· She will attend the investigation team when she is called.

· She must ensure the payment of money.

We might be able to get approval for no surety of her bail, and Ariana will have to submit the papers and guarantee so that the judge and jury are satisfied. According to Criminal code. S 515 (2.01)

According to the Criminal code. S 515 the law, it is a natural matter, and she will not be provided weapons. Her crime record does not approve of it.

If there is a need for further investigation and it has not been proven, then the police can appeal to take her into their custody.

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