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Bail Hearing, what is the definition?

what is a bail hearing?

What is the definition of a Bail Hearing?

  • a bail hearing is a procedure where a judge decides whether or not to release an individual into the community during the time between their arrest and the final decision regarding their case
  • a bail hearing can take place before a judge or a justice of the peace

When can a bail hearing take place?

  • a bail hearing can happen at several points in an individual’s journey through the justice system, but typically happens either:
    • as soon as possible after arrest, or
    • can be scheduled if the individual is in custody

What happens during a bail hearing?

  • the Crown will announce its position to the court, and will specify the grounds on which it seeks detention
  • the Crown will then call witnesses, and/or read in the police background about the client, and/or read in the synopsis of the allegations as provided by police
  • the defence asks questions
  • the sureties are examined and cross-examined
  • the party that bears the onus makes submissions firms
  • the judge or JP comes to a decision

What are primary, secondary, and tertiary grounds?

  • theres are the grounds on which the Crown argues to keep the individual in custody until his or her trial
    • primary: risk that the individual will flee the jurisdiction or not attend court dates when they need to
    • secondary: significant likelihood of reoffence
    • tertiary: detention in the interest of ensuring the public’s confidence in the administration of justice
      • only to be used in severe circumstances

What is a reverse onus bail hearing?

  • in a regular bail hearing, the Crown has the onus of proving why the individual arrested should be detained, but in a reverse onus bail hearing,the individual must prove whether should be released

Is release guaranteed when an individual has a  bail hearing?

  • no, release can be denied, but only if there is just cause

What is a recognizance?

  • a recognizance is a form used by the courts that sets out the conditions of an individual’s bail, and his or her dates of return
  • can includes such provisions as:
    • keep the peace and be of good behaviour
    • abstaining from drugs and alcohol
    • curfews
    • prohibitions on associating with certain people or being in certain locations

Why is it important to have private counsel?

  • can offer personalized service
  • perhaps know the client from before

Sources:

How to Prepare a Bail Hearing (Lawyers Guide)

http://www.legalinfo.org/criminal-law/bail.html

http://www.attorneygeneral.jus.gov.on.ca/english/glossary/?search=r*

Posted in Definitions and Explanations, Legal Aid Ontario

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