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Police release with conditions of the accused in cases of domestic violence in Montreal, Canada

University of Montreal, Canada

This article presents the results of a study conducted in Montreal (Canada) on how police use their power to release an accused on bail with conditions in incidents of domestic violence, which was granted to them in 1995. Interviews conducted in 2000 with police investigators and lieutenant-detectives revealed that police view this measure favourably. It allows them to release the accused on bail before his first appearance by monitoring him with conditions. According to police, this both reassures and protects the victim and avoids the need to detain the accused just to have conditions imposed by the court. While investigators found the decision to detain or release to be difficult at times, they also felt they were as capable as judicial officials in making the decision to release on bail. The police respondents explained why and how they are prudent in their assessment of the risks associated with release. Future research should evaluate to what degree the conditions they impose are adequate.

Key Words: bail policy • bail practice • domestic violence • police bail • release with conditions

Criminology and Criminal Justice, Vol. 9, No. 1, 51-71 (2009)
DOI: 10.1177/1748895808099180


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