Purpose: Bail is designed to allow an accused person to remain in the community while their case is pending trial. This is based on the presumption of innocence, and the understanding that keeping someone detained pre-trial should be the exception, not the rule.
Not Automatic: Bail isn’t a right. The judge must weigh several factors to ensure the safety of the public, the proper functioning of the justice system, and whether you will appear for your trial when required.
Conditions: Bail is almost always granted with strict conditions. This could include where you live, reporting requirements, curfews, restrictions on contacting certain people, and more. Violating these conditions is a serious offence.
Police Discretion: If the police believed there were no serious concerns about you fleeing, re-offending, or interfering with witnesses, they likely would have released you at the station with a court date.
The Three Grounds for Detention: The judge focuses on:
Timing is Crucial: Hearings usually happen within 24 hours of arrest, although delays can sometimes occur. This means you need immediate legal representation.
“Show Cause” Burden: The Crown Prosecutor has to present evidence and arguments justifying why you should NOT be released. This can include police reports, witness statements, your criminal record, etc.
Your Defence: Your lawyer’s role is multifaceted:
Judge’s Considerations: The judge must assess all the information presented, along with specific factors including:
Possible Outcomes:
Securing Your Release: Lawyers are experts at what judges look for on bail. They present the strongest possible case, focusing on overcoming the Crown’s objections.
Protecting Your Rights: Hearings have strict procedural rules. Your lawyer makes sure these are followed, objecting to inadmissible evidence or unfair practices.
Reasonable Conditions: If bail is granted, your lawyer fights for the least restrictive conditions possible so you can maintain your job, family connections, etc.
Building Your Defence: A lawyer starts investigating your case immediately, and any relevant evidence uncovered can further strengthen your release arguments or set the stage for your long-term case strategy.
Your prior record, employment, community ties, support systems, the severity of the charges, and more.
Yes, but it’s difficult to get it overturned. Your lawyer can advise on options.
This depends on the case. Your lawyer will explain the timelines.
NEVER do this without a lawyer’s advice. There may be other ways to secure your release.
Contact our office ASAP. You may be able to provide valuable background information to support their case for release.
Bail hearings are high-stakes, and the outcome deeply impacts your life while awaiting trial. Using our vast experience and honed skill, we will:
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