Yes, certainly. I'm concerned about what I think would be an exceptional circumstance whereby the crown, through evidence such as the testimony of the officer who made the arrest or whatever it might be, determines that the person should be detained. If a judge is required to have the criminal record and someone makes the mistake despite this other evidence suggesting they should be detained, and there's no criminal record, would the judge not then be required to let this person go?
On April 4th, 2017. See this statement in context.