For many people charged with an offence, police use their discretion to release the individual rather than holding them for bail. In other circumstances, usually involving more serious charges, individuals with previous convictions, or people with other outstanding matters before the court, a hearing is required in order to determine whether or not they will be detained in custody pending the outcome of the new criminal charges. For individuals seeking to exercise their right to a trial, this may mean a considerable time in jail if the bail hearing is unsuccessful. For this reason, the assistance of an experienced Criminal Defence Lawyer is crucial during the bail stage.

The Bail Hearing

All individuals facing criminal charges are presumed innocent. In additions, our Charter of Rights and Freedoms clearly states that reasonable bail is not to be denied without just cause. It also guarantees that you will be brought before the court to have bail addressed within 24 hours of your arrest. This, however, is where the guarantees end. Ultimately, a Justice of the Peace or Judge will determine if release is appropriate. In making that assessment they will consider the following:

1. The likelihood that you will attend court as required upon release;
2. The risk that you would pose to the community upon release; and
3. Whether or not your release would offend the public conscience and bring the administration of justice in to disrepute.

If you are held for a bail hearing, you effectively have one shot at convincing the court that you should be released. If you are detained, the decision may be reviewed at a later date but only where certain criteria are met and at the additional expense of retaining a lawyer to conduct the hearing. For this reason, it is imperative that you make an informed decision before deciding to initiate your bail hearing.

In many circumstances, an experienced Criminal Defence Lawyer can convince the Crown Attorney to consent to your release. While the decision is still technically made by the presiding Justice, detention is rarely ordered where your lawyer and the Crown Attorney are both recommending release.

The Supervision Plan

The key to putting your best foot forward at your bail hearing is working with an experienced Criminal Defence Lawyer to create a plan to propose to the Crown and the Court that addresses the 3 criteria mentioned above. This plan will often involve proposing a surety. A surety is someone who agrees to supervise you while your matter remains before the courts. A good surety is someone who:

1. Knows you well and has a good relationship with you;
2. Has the time and ability to supervise you, whether in an arrangement where you live with them or otherwise:
3. Does not have a criminal record or another ongoing commitment to the court to supervise somebody else facing charges;
4. Is able and prepared to pledge an amount of money to the court that may be forfeited if you do not abide by your conditions;
5. Is able to commit to supervision over the entire period your matter remains before the court, which can sometimes end up being several years.

Bail conditions can be highly restrictive and remain in place for a significant period of time. That being said, agreeing to abide by restrictive conditions may be the price that must be paid to ensure that you can remain in the community while your matter is before the court. An experienced Criminal Defense Lawyer can work to ensure that your liberty is minimally impacted by the conditions of your bail without unduly risking detention at your bail hearing.

To book your free consultation with a lawyer at SWH Law please click here.