Law Society of Ontario (LSO) Paralegal Practice Exam

What factor is NOT considered in determining if detention is necessary?

1. Strength of the case against the accused

2. Gravity of the offense

3. Accused's financial status

4. Safety of the public

The correct answer is: Accused's financial status

In determining whether detention is necessary, various factors are assessed to ensure that the rights of the accused are balanced with public safety and the integrity of the judicial process. Among these factors, the strength of the case against the accused, the gravity of the offense, and the safety of the public are all critical considerations. The strength of the case refers to the evidence presented against the accused and whether it warrants detention. A more robust case may justify keeping the accused in custody, as it indicates a higher likelihood of a conviction. The gravity of the offense is assessed to understand the potential harm caused by the crime, which can influence the decision to detain; more serious offenses that jeopardize public safety often lead to a higher chance of detention. Similarly, safety of the public is paramount, and if there is a risk that the accused could harm others or reoffend, this factor heavily weighs in favor of detention. In contrast, the accused's financial status is not a relevant consideration in this context. Financial status does not directly relate to the risk posed by the accused in terms of flight risk or danger to others; rather, it could potentially lead to biases in the justice process. As such, financial status is not a factor considered in determining the necessity of detention