Criminal
Bail
Bail is the release of the person arrested and charged with a criminal offense pending trial. An Accused has a right to be granted reasonable bail, which can be denied on just cause. A bail hearing is conducted to decide whether the accused should be released or detained pending trial. After hearing the submissions of the crown and the defense, the judge passes an order either releasing the accused or an order for detention of the accused. The judge considers primary, secondary, and tertiary grounds while deciding the bail. Under the primary grounds, the judge will try to form an opinion that will be regular in appearance without default before the court. Note that a previous conviction for non-appearance will make a negative impression on the judge. For secondary ground, the judge will try to assess whether the accused will commit another crime or offense while released on bail. For the tertiary ground, the judge considers the strength of the crown case, the seriousness of the case, if the accused was involved earlier in a severe case, and whether the release of the accused will shake the public’s confidence in the administration of justice. The court may put some conditions in the release order that the accused must follow or risk being imprisoned again and prosecuted for violating the order.- A home curfew is one of these requirements.
- A prohibition on drinking or using drugs.
- No communication or contact with the complainant or victim.
