ON November 16, Attorney General David Eby issued a directive to the Assistant Deputy Attorney General (ADAG) of the BC Prosecution Service (BCPS) to identify and implement amendments to its Bail – Adults (BAI 1) policy that could, to the full extent possible under the law, address the risk that repeat violent offenders pose to public safety in British Columbia.
The BCPS announced on Tuesday that as directed, it is implementing a revised Bail – Adults (BAI 1) policy, effective immediately.
The key changes include:
• A new section, entitled “Protecting public safety and maintaining confidence in the administration of justice”, confirms that protection or safety of the public is a matter of
concern in relation to repeat offenders, particularly repeat violent offenders
• A mandatory direction from the ADAG to Crown Counsel that they must seek the
detention of a repeat violent offender charged with an offence against the person or an
offence involving a weapon, unless they are satisfied the risk to public safety can be
reduced to an acceptable level by bail conditions
• Advice to Crown Counsel to consider any factors that may weigh in favour of seeking the
accused’s detention, including:
– the accused had outstanding criminal charges alleging an offence against the person
or involving a weapon
– the accused allegedly breached a condition of a recognizance or a weapons prohibition
– the reverse onus provisions of section 515(6) of the Criminal Code
• Previous advice to Crown Counsel not to seek detention unless a fit sentence upon
conviction would include incarceration, has been removed from the policy.
The revised policy can be seen here:
www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/prosecution-service/crowncounsel-policy-manual/bai-1.pdf
