Vaughn Palmer: B.C. prosecutors hit back at B.C. United critics

VICTORIA — The B.C. Prosecution Service came to its own defence this week, following Opposition calls for prosecutors to seek detention “in every case” where a prolific offender is accused of a violent crime while out on bail.

“Requiring Crown counsel to seek detention in every case would serve to remove all discretion from prosecutors,” said the service in a statement *Tuesday. “Counsel would be foreclosed from making choices unique to the circumstances of individual cases, which would introduce arbitrariness into the application of the criminal law.”

To go that route could easily backfire, the service warned.

“The courts rely on Crown counsel to exercise independent judgment and discretion on bail and to consent to reasonable bail terms whenever that is appropriate.

“If Crown counsel simply sought detention as a blanket policy in every case without regard to the circumstances, they would be in breach of the law and their submissions would be disregarded by the presiding judges. The net result would likely be fewer, not more, detention orders.”