How Many Bail Hearings Do You Get?

When someone in Canada gets charged with a crime, they are detained. Indeed, it’s a stressful period for those individuals to whom this happens. Anyone would want to secure their release from custody in such a situation.  

Fortunately, the criminal justice system in Canada has an opportunity for them to be released on bail. For this, they have to apply for a bail hearing. But how many bail hearings do you get for your case?  

If you or someone you know has considered a bail hearing, we have your back. This article overviews the bail hearing process and the factors considered. 

What is a Bail Hearing?

A bail hearing is a judicial process where a judge determines whether an accused should be detained or released from custody while awaiting trial. When a person is accused of a crime, the officer may hold the accused for a bail hearing.

The person will be detained at the police station or a detention center. Under the Criminal Code of Canada, individuals can apply for a bail hearing within 24 hours of their arrest. The accused is allowed to talk to a lawyer for a bail hearing. 

Eligibility for Bail Hearing in Canada

Under section 11(b) of the Canadian Charter of Rights and Freedoms, anyone charged with an offence can request bail. It guarantees the accused’s right to be presumed innocent until proven guilty. Though you can request bail, there are three grounds for why the court may want to keep you detained.

• There is a risk of you fleeing.
• There is a risk of you being a threat to the community or public safety.
• Due to the seriousness of the charge

Types of Bail Hearings

You can present two types of bail hearings if you are detained. Depending on the criminal charges against you, you may attend a showcase or judicial interim release hearing.

1.   Show Cause Hearings

A Show Cause Hearing is held when the accused is asked to demonstrate why they should be released on bail. It is instructed when the person is charged with a serious offence, such as aggravated sexual assault, murder, or drug offences.

Following the arrest and charge, the accused will be brought before a judge for the Show Cause Hearing. The accused will provide evidence and arguments supporting their release. Then, the judge will decide whether to grant bail.

2.   Judicial Interim Release Hearing

A Judicial Interim Release Hearing occurs when the judge releases an accused with conditions into the community. It is mandated when the accused is charged with a less severe offence or the Crown prosecutor fails to show why the person should not be released on bail. The judge considers several factors to determine whether to grant bail;

• The crime’s severity
• The accused’s criminal record
• The accused’s relationship to the community, employment status, etc.

If the accused is not proven guilty in court, the person will be released on bail until the trial.

Factors for Granting Bail

The judge considers several factors when deciding whether to grant or deny bail. Here’s a detailed look at each of these factors:

Nature of the Offence

The judge considers the nature of the offence to evaluate whether the accused poses a risk to the public. Also, the nature of the offence determines the bail’s success. There is less likely to be granted bail if the offence is serious.

Criminal Record

The judge looks for past convictions, particularly for similar offences or patterns of behaviour, and a history of violence. The chances of being released on bail are low if the accused has a serious criminal record.

Bail Hearing Process

The bail hearing process in Canada is a critical step in the criminal justice system. Here is an overview of the bail hearing process:

1.   Timing of the Hearing

The bail hearing must take place immediately after the accused is detained. The accused must be brought before a judge within 24 hours of arrest to ensure timely judicial oversight.

2.   Parties Involved in the Hearing

The main participants in a bail hearing are;

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

In some cases, victims or their representatives might also be involved.

3.   Evidence

The Crown prosecutor will present evidence and arguments against granting bail. They may provide witness accounts, police reports, medical records, etc., to demonstrate why the accused should not be released.

This is where the defence lawyer can present evidence and arguments to release the accused. The accused person’s link to the community, employment status, proposed bail plan, sureties, etc., can be provided as evidence.

Conditions of the Release

The judge will then consider all the evidence and conditions before deciding. The Supreme Court of Canada follows a longstanding “Ladder Principle” principle in bail hearings.

It guides how a judge determines the level of restrictions applied on an accused person if they are released. The level of restrictions depends on the severity of the accusation.

If the bail is granted, the judge sets the following conditions for release.

• Attend court as directed
• Reporting to a bail supervisor or police regularly
• Residing at a specific address
• Submitting a passport to avoid travelling outside the country
• Avoiding contact with victims or witnesses
• Abstaining from alcohol or drugs
• Not possessing any type of prohibited firearm
• Wearing electronic monitoring equipment

Conclusion

Individuals charged with criminal offences receive only one opportunity for a bail hearing at the Supreme Court of Canada. If the bail is denied, there may not be another opportunity to request bail.

That is why it is essential to have an experienced lawyer who can act best to secure bail. If the bail is granted, the judge will impose specific conditions upon release that the accused must follow.

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