What is the primary legal burden the Crown must meet to justify detention?

The primary legal burden that the Crown must meet to justify detention is to establish that the accused will attend court. This is in alignment with the principles of bail and the presumption of innocence which undergird criminal procedure. When an individual is arrested, the presumption is that they can be released unless the Crown can provide sufficient reasons that detention is necessary.

In determining the necessity of detention, the court primarily assesses whether there are reasonable grounds to believe that the accused will attend court for their proceedings. This requirement seeks to balance the rights of the individual against the need for effective judicial proceedings. If the Crown can demonstrate that there are concerns about the accused's likelihood of appearing in court—due to past behavior or other relevant factors—then detention may be justified.

Other considerations, such as the threat to public safety or the seriousness of the offense, may play a role in the detention decision, but the foundational burden lies specifically in the Crown's ability to assure the court that the accused will return for their trial. This establishes a clear standard for detention that prioritizes the fairness of the judicial process while acknowledging the need for compliance with court appearances.