BAIL HEARING LAWYER - BRAMPTON, MILTON, ORANGEVILLE, GUELPH, TORONTO, NEWMARKET & GREATER TORONTO AREA
When a person is charged with an offence, they are either released at the police station in a form of an undertaking – subject to conditions or are brought before the court to determine whether the accused should be released on bail.
Pursuant to the Constitution Act, 1982, Part 1, The Canadian Charter of Rights and Freedoms, section 11(e) reads:
Any person charged with an offence has the right not to be denied reasonable bail without just cause.
What happens in a bail hearing?
When the accused is brought before the court the bail vettor receives information from the police and screens your file to determine how the matter is going to be proceeding, based on various factors, including but not limited: prior records, type of offence, facts of the case, circumstances surrounding the offender; etc. The Crown prosecutor will either seek the detention of the accused, and this will result in a hearing before the court or will either consent to the release plan proposed by the defence. If there is a surety involved in the proposed release plan, the surety may be asked numerous questions by the court/prosecutor to determine if surety understands its roles and obligations, and whether the person can effectively monitor the accused. In Accordance with section 515(11) of the Criminal code, If the type of offence is listed in section 469 of the Criminal Code, the justice shall order the accused be detained in custody until the accused is dealt with according to law.
Grounds for Detention
If the prosecutor is seeking detention of the accused, the prosecutor will rely on either or all of the three grounds for detention enumerated in section 515(10) the Criminal Code of Canada. They are commonly referred to as Primary, Secondary, and Tertiary grounds. Detention on the Primary grounds is sought by the crown to ensure the accused attendance in court (s.515(10)(a)). Detention on the Secondary grounds is sought when its necessary for the protection or safety of the public, including any victim of or a witness to the offence, of any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that accused will, if released from custody, commit a criminal offence or interfere with the administration of justice( s.515(10)(b)). Detention on the tertiary ground is sought when it is necessary to maintain confidence in the administration of justice depending on circumstances referred to in 515(10)(c)(i-iv) which include, the strength of the prosecution’s case; the gravity of the offence; the circumstances surrounding the offence and whether a firearm was used; the fact that the accused is liable on conviction, for a potentially lengthy term of imprisonment, or in the case of an offence that involves, or whose subject matter is, a firearm, a minimum punishment of imprisonment of three years or more.
If the prosecutor shows cause why the detention of the accused is justified, based on these grounds, the accused will be detained, and where the prosecutor is unable to show cause to detention, and the defence has a reasonable release plan the accused will be released.
Orders of Release
According to section 515 of the Criminal Code, If the accused is released, he or she will be released on an undertaking without any conditions, unless the prosecutor shows cause why detention is justified or an order under any provision of this section should be made. This is the least strict form of release as there are no conditions attached to the release.
If the court does not release the accused in the above manner, and unless the prosecutor shoes cause why the detention of the accused is justified, then the justice shall order that the accused be released on either of the following manner:
on his giving an undertaking with such conditions as the justice directs;
on his entering into a recognizance before the justice, without sureties, in such amount and with such conditions, if any, as the justice directs but without deposit of money or other valuable security;
on his entering into a recognizance before the justice with sureties in such amount and with such conditions, if any, as the justice directs but without deposit of money or other valuable security;
with the consent of the prosecutor, on his entering into a recognizance before the justice, without sureties, in such amount and with such conditions, if any, as the justice directs and on his depositing with the justice such sum of money or other valuable security as the justice directs; or
if the accused is not ordinarily resident in the province in which the accused is in custody or does not ordinarily reside within two hundred kilometres of the place in which he is in custody, on his entering into a recognizance before the justice with or without sureties in such amount and with such conditions, if any, as the justice directs, and on his depositing with the justice such sum of money or other valuable security as the justice directs.
What is a surety?
A surety is any person known to the accused who can take responsibility of the accused while he/she is in their care and ensure that the accused does not breach any of their bail conditions. It is a serious commitment in that you are responsible for supervising the accused, while in your custody.
The Ministry of the Attorney General has public information about roles and responsibilities of being a surety. It can be found here: https://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/sureties.php
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You should speak to duty counsel or a Bail Lawyer Mississauga regarding your bail hearing. Contact an experienced Criminal Defence lawyer today at (905)-230-4529.
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