NEED BAIL?
An individual will be released from custody if the court is satisfied by three conditions:
Someone being held for a bail hearing is only entitled to one. The hearing will likely take place in the Ontario Court of Justice in front of a Justice of the Peace. If an accused person is detained, a review of that bail hearing can be brough in front of a Judge in the Superior Court of Justice. However, this can only be done after 30 days have passed. Further, this process requires a formal application which includes affidavits from sureties, certified copies of documents and a transcript of the original bail proceeding. The entire bail review process can be difficult, lengthy and costly for everyone involved.
Sureties
A surety is like a jail guard for an accused in the community. It is important when to understand the roles and responsibilities if you want to be a surety. Picking an appropriate surety can make the difference between an accused person being released into the community or being held in custody until the end of his or her trial, which could be months, even years away.
Click here for Important Information for Sureties
Bail Variations
The bail conditions cannot be changed by anyone except the court. This is done byway of a bail variation. If you are on a recognizance and need a bail variation, please contact me for a free consultation.
Reasons for Detention
The Crown can seek a persons detention on the primary, secondary and/or tertiary grounds. The primary ground concerns whether detention is necessary to protect the safety of the public. This includes if there is a substantial likelihood the accused will commit a further offence or interfere with the administration of justice. The tertiary ground concerns whether detention is necessary to maintain confidence in the administration of justice.
524 Applications
A 524 application is when an accused person is arrested when they are already on a form of release. If the Crown makes a 524 application, the person's former release is cancelled and a global bail hearing will be required on the old and the new charges together.
- The person will come to court as directed
- There is not a substantial risk to the community that the person will commit further offences
- The community will not be offended if the person is released.
Someone being held for a bail hearing is only entitled to one. The hearing will likely take place in the Ontario Court of Justice in front of a Justice of the Peace. If an accused person is detained, a review of that bail hearing can be brough in front of a Judge in the Superior Court of Justice. However, this can only be done after 30 days have passed. Further, this process requires a formal application which includes affidavits from sureties, certified copies of documents and a transcript of the original bail proceeding. The entire bail review process can be difficult, lengthy and costly for everyone involved.
Sureties
A surety is like a jail guard for an accused in the community. It is important when to understand the roles and responsibilities if you want to be a surety. Picking an appropriate surety can make the difference between an accused person being released into the community or being held in custody until the end of his or her trial, which could be months, even years away.
Click here for Important Information for Sureties
Bail Variations
The bail conditions cannot be changed by anyone except the court. This is done byway of a bail variation. If you are on a recognizance and need a bail variation, please contact me for a free consultation.
Reasons for Detention
The Crown can seek a persons detention on the primary, secondary and/or tertiary grounds. The primary ground concerns whether detention is necessary to protect the safety of the public. This includes if there is a substantial likelihood the accused will commit a further offence or interfere with the administration of justice. The tertiary ground concerns whether detention is necessary to maintain confidence in the administration of justice.
524 Applications
A 524 application is when an accused person is arrested when they are already on a form of release. If the Crown makes a 524 application, the person's former release is cancelled and a global bail hearing will be required on the old and the new charges together.
