How to Prepare and Conduct a Bail Hearing

How to Prepare and Conduct a Bail Hearing

What is bail?

Bail is written permission from a court, allowing a person charged with a criminal offence to be out of jail while they wait for their trial, or some other result in their case (such as a guilty plea or a withdrawal of their charges).

What happens at a bail hearing?

First ,the Crown presents the allegations to the court. Most of the time, the Crown will do this by reading out the allegations found in the police synopsis. In some cases, the Crown will present the allegations by calling a witness (or witnesses) to testify in court. This witness will usually be the police officer in charge of the investigation.

After the allegations have been presented by the Crown, the accused’s lawyer or duty counsel has a chance to present evidence. In most cases, the accused’s lawyer or duty counsel does this by having the accused or a potential surety (or both) testify. In some cases, there will be more than one potential surety called as a witness. The accused’s lawyer or duty counsel will try to convince the court that, if released on bail, the accused will obey their bail conditions, either on their own or with the assistance of a surety (or sureties) to supervise them.

When both sides are finished giving their evidence, they make arguments to the judge or justice of the peace. The judge or justice of the peace then decides to either release the accused on bail or keep them in jail while they wait for their trial or some other result (such as a guilty plea or a withdrawal of their charges). 

Why would the police decide to bring someone to bail court?

The police look at different factors in deciding whether to release an accused or bring them to bail court. For example, they might look at whether the accused has a criminal record, how serious the charges are, if the accused is already facing other charges at the time of their arrest, or whether there are reasons to believe the accused won’t show up for their court date. The police will consider these things when deciding whether to release the accused or take them to bail court. If the police decide to take the accused to bail court, this is usually called “holding them for bail” or “holding them for show cause.”

Does the accused always have to prove to the court why they should get out on bail?

No. In some cases, the Crown will have to show why the accused should not be released on bail. It depends on what the accused is charged with, and other factors, such as whether they were out on bail for other charges at the time of their arrest.