What Is a Bail Hearing?

When someone is arrested for a criminal offence, the police may release the accused on an undertaking, or they may hold them in custody for a bail hearing. If you are held for a bail hearing, the hearing must be conducted within 24 hours of being arrested if a judge is available, or as soon as practicably possible if one is not. The purpose of the bail hearing is to determine whether:

  • The accused poses a flight risk;
  • There is a substantial likelihood that the accused will commit further criminal offences if released; and
  • Detention is necessary to maintain confidence in the administration of justice, given the gravity of the offence, the circumstances surrounding the commission of the offence, the strength of the Crown"™s case against the accused, the likelihood that the accused will serve a lengthy sentence if convicted.


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