A detention order is a legal directive authorizing the holding of an individual or the seizure of property by law enforcement or judicial authorities. This means there are two distinct types of detention orders in criminal law. This blogpost will briefly discuss both.
Detention of Individuals
In the context of criminal law, a detention order may be issued to keep a suspect in custody before trial. This is often referred to as pre-trial detention or remand. This means that detention orders are issued at a bail hearing. During a bail hearing, a judge or justice of the peace evaluates whether the accused should be released on bail or detained. If the court determines that detention is necessary based on factors such as the severity of the offense, the accused’s criminal history, or the likelihood of reoffending, a detention order is issued. The primary purposes of such detention include ensuring the suspect’s appearance at trial, preventing further criminal activity, and safeguarding the integrity of the judicial process by preventing interference with witnesses or evidence.
An individual subject to a detention order has the right to request a bail review, which is a legal process where a higher court re-examines the detention decision. This review can result in the confirmation of the detention order, the release of the accused on bail, or modifications to the bail conditions.
Detention of Property
Detention orders can also apply to property seized during a criminal investigation. Under Canadian law, sections 489 and 487.11 of the Criminal Code allow for the seizure of property during searches. Section 490 provides a comprehensive scheme for the management, return, or disposition of items that have been seized without a warrant. Upon seizing property, law enforcement must report the seizure to a justice, who can order the detention of the items for up to three months. This period allows investigators to examine the property and determine its relevance to the case. If the property is still required after the initial three-month period, the justice may authorize further extensions, each not exceeding three months. These extensions ensure that the property remains available for ongoing investigations or court proceedings. If the property is no longer needed for the investigation or legal proceedings, it should be returned to its lawful owner. Courts have the authority to order the return of seized items, especially when they are not required as evidence.
How Collett Read LLP Can Help with Detention Orders
If a detention order has been made against you, our experienced team of criminal defence lawyers at Collett Read LLP is here to assist you. We will thoroughly examine the specifics of your case, review the evidence presented by the Crown, and vigorously advocate on your behalf. Our goal is to ensure a fair and just legal process while protecting your rights every step of the way.
Contact us today at (905) 541-2228 or fill out our intake form for a free consultation.