Bail is now harder to get for repeat violent offenders in BC

Nov 22 2022, 11:38 pm

There are some big changes happening in BC when it comes to how people accused of violent crimes are dealt with before trial, and the province says it’s all in an effort to crack down on repeat offenders and tackle random attacks.

BC’s bail policy has now been revised and the Crown “must seek the detention of a repeat violent offender charged with an offence against the person or an offence involving a weapon.”

The only exception for an accused to not be put in detention is if the Crown is” satisfied the risk to public safety can be reduced to an acceptable level by bail conditions.”

In addition, even if prosecutors think the accused will not see prison time, the accused could still be denied bail and placed in a facility.

“Previous advice, advising Crown Counsel not to seek detention unless a fit sentence upon
conviction would include incarceration, has been removed from the policy,” BC Prosecution Service spokesperson Dan McLaughlin said.

The new rules take effect on November 22, 2022.

Many critics had questioned the previous policies, using examples of high-profile incidents where the accused was arrested, released on bail a short time later, and then rearrested in connection to another violent incident.

However, others have raised concerns that this unfairly targets people with mental health issues or those who are already facing systemic discrimination.

Others have also brought forward concerns that people who have not been found guilty are being jailed as if they were.

BC’s Prosecution Service outlined the changes on Tuesday after it was issued a directive by BC’s attorney general, who has the power to do so under the Crown Counsel Act.

A new section, entitled “Protecting public safety and maintaining confidence in the
administration of justice,” has also been added, with a focus on targeting repeat violent offenders.

These changes come just days after BC’s new premier announced that public safety would be among his first points of action since taking on the role from former premier John Horgan.

Premier David Eby has promised that a repeat violent offender coordinated response team consisting of police, prosecutors, and probation officers will be created.

bc repeat offenders

BC Government/Flickr

The province will also expand mental health crisis response teams into more communities “so police can focus on crime, and people in crisis are met early on by healthcare workers and community members.”

Claire FentonClaire Fenton

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