Area of Law: Criminal Law
Answer # 753
Do you have to deposit money with the court?Region: Ontario Answer # 753
A surety rarely has to deposit money with the court. Under the Canadian Criminal Code, there are two circumstances where cash has to be deposited with the court. First, under section 515(2)(e), a cash deposit is required whenever an accused is not ordinarily a resident in the province in which he or she is charged; or does not ordinarily reside within 200 kilometres of the place in which he or she is in custody.
Second, under section 515(2)(d), cash has to be deposited where the judge has received the consent of the prosecutor, otherwise known as Crown counsel.
Although in British Columbia this section of the Criminal Code has been found to violate section 11 of the Canadian Charter of Rights and Freedoms, in the rest of the country this section operates as worded. In practice, if a judge or justice of the peace indicates that he or she wishes to release an accused on a cash bail, the prosecutor will almost always agree.
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