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In mens rea offences the prosecutor must prove beyond a reasonable doubt that you committed the act with which you are charged and that you had a guilty mind. A mens rea offence usually contains the words ?wilfully,? ?with intent,? ?knowingly,? or ?intentionally? in the law creating the offence.
An undertaking is a piece of paper that an accused signs instead of being held for a bail hearing. Usually it will contain conditions you agree to comply with as part of your release from custody. If you don't follow the conditions of your undertaking you can be charged with failing to comply.
Criminal Undertaking (Form 10), Breach of Undertaking / Fail to Comply. A criminal court Undertaking (Form 10 as of 2020) is a common tool used in Ontario, Canada by the police to compel accused persons to attend court and abide by specific conditions while their case is pending before the courts.
The Form 2 order is directed to the police in the same locality where the justice has jurisdiction and provides authority to the police to take the person named in the order into custody ?forthwith? to an ?appropriate place? where the person may be detained for examination by a physician.
Undertakings and bail releases In domestic cases there is a provincial mandate to keep both parties apart when charges are laid. As such, most accused will have to agree to the terms of a Form 10 Undertaking at the police station in order to be released from custody.