How Many Bail Hearings Do You Get?

Bail hearings are an important part of the criminal justice system in Canada. It is a legal proceeding where a judge decides whether or not to release a person who has been arrested and charged with a criminal offence from custody until their trial or sentencing.

When a person is arrested, they want to secure their release from custody. For that, they have to apply for a bail hearing. But how many chances do the accused will get to make bail for their case?

This article will explore different types of bail hearings and how the bail process is conducted. So, if you know someone facing a bail hearing, read this article to make the most of your time.

A bail hearing is a court proceeding where a judge determines whether an accused individual should be detained in prison until the trial or released pending trial. The judge considers different factors, such as the nature of the offence and the accused criminal record.

An accused person is entitled to only one bail hearing. So, presenting a strong performance for the release at the initial hearing is essential.

Everyone can grant bail under section 11 of the Canadian Charter of Human Rights and Freedoms. It indicates that anyone accused of a crime can request bail.

However, if the prosecution convinces the judge that you are a threat to the community, you must remain in prison. It also applies if you fail to show enough evidence for your bail.

An accused person can attend two bail hearings: showcase and judicial interim release hearings.

A detailed description of the bail hearings is given below:

A show cause hearing is when the offender is suspected of a significant offence, such as a violent crime or a drug offence. The accused must explain why they should be granted bail during a show cause hearing.

As a result, the accused must provide evidence to the court to back up the release. The judge will free the accused if they can show that they are not a threat to the public or that their release would damage the administration of justice.

A judicial interim release hearing is held when the accused faces a less serious accusation or the Crown has not shown sufficient evidence why the accused person should not be released on bail.

Furthermore, the judge will consider the offence’s severity, the offender’s criminal record, and the accused person’s traits like employment status, relationship to family and community etc. If the judge cannot show evidence that the person is accused, the offender may be released on bail.

There are several factors for which a judge will consider whether the accused will grant or deny bail, as follows:

The bail’s success depends on the offence’s nature and gravity. If the offence is serious, it is less likely to be released on bail. If there are indictable offences like murder or sexual assault, the offender must show the judge why the accused should be released into the community.

If there is a criminal record and it is a serious one, then the accused are less likely to be released. The judge may consider the offender as a threat to the public.

The accused will be jailed if they are likely to skip bail or miss court. Also, the public view of the justice system is important for granting bail to the offender.

Read More: Factors Considered at Bail Hearings

The bail hearing procedure is a crucial part of the criminal justice process in Canada. Here is a detailed description of the process:

After the accused person is arrested and brought into custody, the bail hearing must occur immediately. Depending on the case, the hearing will often occur 24 to 48 hours after the accused individual has been arrested.

Depending on the jurisdiction, the parties involved in the hearing are:

• The accused person
• The defence lawyer
• The prosecutor
• The judge

The prosecutor will submit evidence during the bail hearing to support their case to keep the accused in prison. They will provide police reports, witness accounts, medical records, and other information in the evidence.

However, the defence lawyer may offer evidence supporting the offender’s release. The accused person’s identification, such as their links to the community, employment status, and track record of the court order, may be included in the evidence.

During the bail hearing, the factors that the judge has in mind are –

• Reduce risk to the community.
• Ensure the justice of the legal system.
• Make sure the accused shows up in court.
• Lessen the risk so that the accused will not commit more crimes.

After considering all the conditions, the judge will decide whether to release the accused person or keep them in prison. The Supreme Court of Canada follows a principle of bail known as the “ladder principle.”

It determines how the accused person follows the level of restrictions when they are released. The freedom of the accused will be restricted if the accused pose a greater risk to society.

The conditions are as follows:

• Attend court
• Submit the passport to prevent travelling outside the country
• Report to a police officer from time to time
• Remain within a particular area
• Will remain under house arrest. If they want to go out, they must take written permission from the probation officer.
• Can not communicate with the victim or witness.
• Can not possess any kind of prohibited guns with them.
• Wear an electronic device to keep their monitoring.

If the offender breaches any conditions, the judge will withdraw the bail, and they must return to custody.

In Canada, if the accused person is denied bail, they may not have another opportunity to apply. So, the offender can apply for only one bail hearing. However, if the accused person is granted bail, the judge will impose some conditions for their release, and they must follow them.

The judge must also make decisions to ensure the community’s safety when granting bail to the accused. Also, to ensure your rights are protected, you can seek the help of an expert legal representation. Therefore, preparation is the key to facing a bail hearing, and the accused person’s rights are respected.

According to the Criminal Code, if a judge is available, a person has the right to a bail hearing within 24 hours of arrest or as soon as possible after someone becomes available. They will stay in detention if bail is rejected.

In the Canadian legal system, bail is free if the accused has yet to attend court in the Province. Nonetheless, the Court may require a cash deposit.

The surety will receive the money back once the case is settled. If the bail conditions have not been broken, the money is restored even if the accused is found guilty of the offense.

If you violate your bail, you can be arrested and face criminal charges for failing to abide by your bond. It is sometimes referred to as a violation of the bail conditions. If the police have good reason to suspect you broke your bail conditions, they may issue a warrant for your arrest.

If you enter into a bail undertaking, you will be subject to the following normal bail requirements:

1. You must appear in court on the scheduled hearing day.
2. You must not hamper the case’s progress by interfering with witnesses or any other way.
3. You must not take any actions that might frighten or upset witnesses.