When may a court detain an accused person, and how far does that power reach in cases punishable only by a small fine?
General information · Not legal advice
Material to check
In a practice file we read the application for a detention warrant and the decision on it, to see which of the three grounds the court relied on, and the charge sheet, to see what penalty the offence carries under the statute.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the two requirements as cumulative: the court may detain only where there is substantial reason to suspect the accused committed the crime, and, in addition, the accused has no fixed abode, or is at risk of destroying evidence, or has fled or is at risk of fleeing, any one of the three grounds being enough on its own.
Another reading marks the limit for minor offences: where the case is punishable only by the fine, confinement or minor surcharge the provision specifies, detention may rest on the lack of a fixed abode but not on the risk of destroying evidence or of flight, so two of the three grounds fall away.
Your judgment
What in the file would show that a person staying with friends or at a shelter has no fixed abode within the meaning of the provision?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the amount it sets for minor offences or the grounds for detention, or if a court decision defines what counts as a fixed abode.