NCJ Number
45431
Journal
CRIMINAL LAW QUARTERLY Volume: 19 Issue: 3-4 Dated: (SEPTEMBER 1977) Pages: 405-414
Date Published
1977
Length
10 pages
Annotation
RESULTS OF A SURVEY OF POLICE OFFICERS REGARDING THEIR APPROVAL OR DISAPPROVAL OF CANADA'S BAIL REFORM ACT OF 1972 ARE PRESENTED.
Abstract
THE BAIL REFORM ACT IMPOSED NEW RESPONSIBILITIES ON POLICE OFFICERS. PERHAPS THE MOST SIGNIFICANT WAS THAT IN CERTAIN INSTANCES, THE EXERCISE OF POLICE DISCRETION TO ARREST OR RELEASE WAS MADE A DUTY. FOR MINOR OFFENSES, THE POLICE OFFICER 'SHALL NOT' ARREST WHERE HE HAS REASONABLE GROUNDS TO BELIEVE THAT THE PUBLIC INTEREST MAY BE SERVED WITHOUT ARRESTING THE INDIVIDUAL AND WHERE HE HAS NO REASONABLE GROUNDS TO BELIEVE THAT THE PERSON WILL FAIL TO APPEAR IN COURT IF NOT ARRESTED. THE OBLIGATION EXTENDS TO THE OFFICER IN CHARGE OF A STATION AS WELL AS THE ARRESTING OFFICER. THE ACT MAKES POLICE OFFICERS SUBJECTS TO CIVIL LIABILITY IF A PERSON IS DETAINED CONTRARY TO ITS PROVISIONS. IN THE 4 YEARS SINCE THE LAW WENT INTO EFFECT, A GREAT DEAL OF CRITICISM HAS BEEN HEARD FROM POLICE, BUT FROM UPPER ECHELON ADMINISTRATORS RATHER THAN FROM THOSE OFFICERS DIRECTLY INVOLVED IN THE APPLICATION OF THE LAW. IN ORDER TO ASSESS THEIR OPINIONS, AN ATTITUDE QUESTIONNAIRE WAS ADMINISTERED TO A RANDOM SAMPLE OF 92 METROPOLITAN TORONTO POLICE OFFICERS OF ALL RANKS. IT WAS FOUND THAT CONSTABLES WERE LESS FAVORABLE ABOUT THE ACT THAN SERGEANTS. OLDER, MORE EXPERIENCED PLAINCLOTHES SERGEANTS WERE FOUND TO BE LESS FAVORABLE THAN YOUNGER OFFICERS. NEARLY 84 PERCENT OF THE TOTAL SAMPLE THOUGHT THAT THE RELEASE PROVISIONS OF THE ACT LED TO AN INCREASE IN CRIME. HOWEVER, THE OVERALL ATTITUDES OF POLICE TO THE PROVISIONS OF THE BAIL REFORM ACT WERE FAVORABLE. THE QUESTIONNAIRE AND SUMMARIES OF THE RESPONSES OBTAINED ARE FURNISHED IN AN APPENDIX.