What does bail mean?
The release bail is the written permission of the court that authorizes a person charged with an offense criminal out of jail pending trial or other decision in his file (such as a plea of guilty or a withdrawal of charges ).
Why would the police decide to call an accused in court for a bail hearing?
The police considers different factors to decide whether to release an accused person or to appear at a hearing on the release bail. For example, the police may take into account the existence of a criminal record, the seriousness of the charges, the existence of other charges against the accused at the time of his arrest.or reasonable apprehension that the accused will not appear on the scheduled date of his hearing. The police take these factors into account in deciding whether to release the accused or bring him to a bail hearing. If the police decide to take the accused person to a bail hearing, they say they “hold them for bail” or “hold them for a show cause hearing”.
What happens at the bail hearing?
First, the King Attorney submits the allegations to the court. Most of the time, the King attorney does this by reading aloud the allegations in the police synopsis. Sometimes the King attorney makes the allegations by calling a person or persons to testify in court. The witness will usually be the police officer who handled the investigation.
Once the allegations are made by the King Attorney, the accused ‘s lawyer or duty counsel has the opportunity to present his evidence. In most cases, the lawyer or duty counsel does so by having the accused testify or a person who can act as surety (or both). In some cases, more than one person who can serve as a surety will be called to testify. The lawyer or duty counsel will try to convince the court that if the accused is released on bail, he or she will comply with all conditions of bail, at his or her own or with the assistance of of the surety (s) who will supervise him.
After both parties have produced their evidence, they present their arguments to the judge or justice of the peace. The judge or justice of the peace will then decide whether to release the accused on bail or keep him in jail until his trial or other decision-making (such as guilty plea or removal of charges).
Does the accused always have to prove to the court why they should be released on bail?
No. In some cases, King counsel must demonstrate why the accused should not be released on bail. It depends on the charges against the accused and other factors, including whether he was already on bail for other charges at the time of his arrest.
Responsibilities of the surety
The basic responsibilities of the surety are:
- Ensure that the accused appears in court at the time and on the scheduled dates
- Ensure that the accused complies with all conditions of the order of release on bail
Does the accused person have to deposit money in court to be released on bail?
In some cases, the accused will have to deposit money in court in order to be released on bail. If the person charged,
- do not live in Ontario,
- or lives within a radius of 200 km or more of the place where she is detained,
it is likely that she will have to deposit money in court in order to be released on bail.
However, in most courthouses, it is customary for the accused or his surety to promise to pay money to the court without actually doing so. This promise to pay money is called a ” commitment “. If the accused person violates one of the conditions of his bail, or if he does not appear in court on the date of his hearing, she or her surety could lose all or part of the money. money she committed to pay in court by signing the pledge.
If an accused person is released on bail, under what conditions will he have to comply?
The conditions of bail are rules that the accused must respect while on bail. The conditions vary, but they are related to the charges against the accused.
For example, if the person is charged with assault, the conditions will likely be as follows:
- prohibition to contact the alleged victim;
- prohibition to go to the victim’s home, place of work or school;
- prohibition to carry weapons (pistols, knives, etc.).
If the person is released on bail with a surety who supervises it, they may have to live with their bail. All accused released on bail will be required to comply with the requirement to appear in court at the time of their hearing.
Can bail conditions change?
Yes. This is called a “change in bail conditions “. However, these amendments are only possible if the King attorney agrees, or if the accused requests a review of the conditions from a higher court and the court orders the amendment. The accused person must consult with his lawyer or duty counsel if he wishes to change the conditions of his release on bail.
What factors will the judge or justice of the peace consider in deciding whether or not to release an accused on bail?
The decision on whether or not to place an accused on bail depends on a number of factors that the court will consider, including:
- the criminal record of the accused (if any);
- the seriousness of the charges;
- the surety’s ability to supervise the accused (if applicable);
- the protection of the public or the alleged victim;
- the likelihood that the accused will commit other offenses if released;
- the age and personal circumstances of the accused.
This list is not exhaustive and the court will not necessarily consider all the factors in each case. Each case is particular.
If an accused is not released on bail after the bail hearing, what can he do?
The accused has the right to request a review from a superior court if he does not obtain bail. This is called a “review of the detention order “. The accused’s lawyer or duty counsel can explain the procedure to follow.
Can the King Attorney request a review of the order?
Yes. The King Attorney is also authorized to ask a superior court to review the decision of a judge or justice of the peace to release an accused on bail.
If the accused is a youth (under age 18), is the bail process different?
In general, and with a few exceptions, the process is the same.
However, there are some important differences. For example:
- If an accused youth does not obtain bail, the court may place it under the custody of a “responsible person”, if one is available. This option is not available to adults.
- If an accused youth does not get bail from a justice of the peace, he or she can get a new Bail Hearing before a judge. If the judge does not grant him bail, like adults, he can ask a higher court to review the decision.
This list of differences between bail for accused adults and youth is not exhaustive.
How long do bail conditions last?
If an accused is released on bail, the conditions do not apply only to hisfirst appearance in court. The conditions remain until the settlement of the case, by a lawsuit or otherwise. This process can take several months or even longer.
Can the person who does not have a bond still be released on bail?
Yes. In some cases, the accused person may be released with his or her own bond without any other person acting as guarantor. In this case, the accused person will have to report regularly to the police or to another organization, such as:
- The Toronto Bail Program
- The John Howard Society
- The program for young people in conflict with the law
These agencies may provide the accused with supervision where it is not possible to find a family member of the accused or a friend who can act as surety. There may also be other agencies in the courthouse that could offer him the same kind of service.
What is the role of the accused’s lawyer or duty counsel at the bail hearing?
The role of the lawyer or duty counsel is to protect the rights and interests of the accused. In most cases, this means trying to convince the King to recommend a “consent release” to the court.
In the absence of a “release on consent”, and if a bail hearing is conducted, the lawyer or duty counsel will present evidence and make submissions to the court to demonstrate why the accused should be released. on bail.
What is the role of the King Attorney at the bail hearing?
The role of the King Attorney is to represent the interests of the public. It advises the judge or justice of the peace about the allegations and accusations against the accused, and recommends that the accused be released on bail or be opposed to his release.
If he or she recommends release, it is generally referred to as “consent release” and the judge or justice releases the accused subject to the conditions recommended by the King Attorney. However, the judge or justice of the peace makes the final decision. If the King prosecutor objects to the release of the accused, there will be a bail hearing.
What does the judge or justice of the peace do in a bail hearing?
The judge or justice of the peace listens to the evidence and arguments presented by the King Attorney and the accused (through his counsel or duty counsel) and then decides whether to release the accused on bail or not. At a hearing on setting bail, as in other hearings, the judge or justice is called the “court”.
In some cases, the King Attorney will recommend to the judge or justice of the peace that the accused be released under certain conditions. This is called a “release on consent”. In other cases, the King Attorney will not recommend release and a bail hearing will be held. In all cases, the judge or justice of the peace makes the final decision whether or not to release the accused on bail.
What is a bail hearing or bail hearing?
When a person is arrested and charged with a criminal offense, they may be released if they sign a form stating that they promise to appear in court on the date the police tell them.
If the police do not release her, the accused person (who is called the accused ) will be taken to court to make the decision whether to release her or not. In some cases, a bail hearing or hearing on the release bail, which looks like a mini-trial is held and the judge or magistrate decides if the accused is released on bail or not.