WHAT IS A BAIL HEARING?
A bail hearing is a judicial proceeding where the court determines if the person charged with a criminal offence can be released from jail while they wait for their trial or final outcome of their case. Next to the actual trial itself, a bail hearing can be a critical point in the criminal justice process.
Accused persons who are not granted bail can suffer disastrous consequences such as loss of employment, inability to pay bills, mortgage, rent, etc. These individuals may feel pressured to plead guilty to charges they are innocent of just to try to get out of jail.
It is very important to seek assistance from an experienced criminal lawyer who can assist the accused person through the bail process.
WHAT HAPPENS AT A BAIL HEARING?
First, the Crown Attorney will present the allegations against you to the court; often this is done by reading the allegations found in the police synopsis. In some cases witnesses are called to testify.
After the allegations have been presented, the accused’s lawyer is provided with an opportunity to present evidence as to why the accused should be released on bail. In most cases, this is done by having the potential sureties testify.
When both sides complete presenting their evidence, they make arguments to the presiding Judge or Justice of the Peace who then decides to either release the accused on bail or remand them in custody while they wait for trial or some other result.
To be released, the Court must be satisfied that you will attend court when required to do so, that you will not commit further criminal offences or interfere with witnesses, and that your release will not undermine public confidence in the administration of justice.
If released, the accused may have to comply with a set of conditions imposed by the court. Remember, not following the court ordered conditions will likely result in further charges.
If you are detained, you will have the option to appeal to the Superior Court of Justice for a bail review. Upon review, the Superior Court Judge can release you from custody on bail or confirm your detention until the final outcome of your case.
IF AN ACCUSED GETS OUT ON BAIL, WHAT CONDITIONS DO THEY HAVE TO FOLLOW?
Conditions of release can vary widely depending on the severity of the charges you’re facing. Bail restrictions may include but are not limited to the following:
Keep the peace and be of good behaviour
Attend court when required to do so
Report to a bail supervisor on a regular basis
Abide by a curfew and comply with monitoring conditions
Report any change of address or employment
Stay away from certain locations and areas
Have no contact, direct or indirect, with certain individuals, such as co-accused or potential witnesses
CAN BAIL CONDITIONS BE CHANGED?
Yes, there are two ways an accused can change their bail conditions. Firstly, bail conditions can be changed by obtaining consent for a bail variation from the Crown Attorney pursuant to section 515.1 of the Criminal Code of Canada.
If the Crown Attorney does not consent, your bail conditions can be changed by bringing a bail review application before a Judge of the Superior Court of Justice in accordance with s. 520 of the Code.
Remember, changing your bail conditions is not a right, the final decision rests with the presiding Justice who hears the application.
WHAT ARE MY RESPONSIBILITIES AS A SURETY?
A surety is someone who agrees to take responsibility for a person accused of a crime while that person is out of custody and on bail. The surety will pledge to supervise the accused individual and agrees to ensure the release conditions imposed by the court are followed. This includes an obligation on the surety to report forthwith any breach of conditions by an accused person to police. If you are accepted as a surety, you must sign the recognizance and make all efforts to ensure the accused follows the orders of the Court.
It is important that potential sureties consult closely with an experienced criminal lawyer, as a single wrong answer to a prosecutor’s question could cause bail to be denied. Generally, a good surety should not have a criminal record, know the accused well enough to be willing to let the accused reside with them, be able to monitor the behaviour of the accused, and have a good steady job and/or some assets such as savings or a home.
ALWAYS REMEMBER, NO MATTER WHAT THE CHARGE, YOU ARE PRESUMED INNOCENT UNTIL PROVEN GUILTY!