After you’re charged with a crime in Canada, one of your most immediate concerns is whether or not you’ll be granted bail. If denied, you’ll remain in custody until your trial. However, do you get any opportunities to challenge or review that decision?
That’s what we’re going to take a look at here. Knowing the basics about bail is important in making the right decisions at this crucial time. Read on to find out more.
How Many Bail Hearings Do You Get in Canada?
Technically, you only have one bail hearing in Canada. You get one shot to prove your case and if you fail, you will be kept in custody, which can be up to 30 months in certain cases. This is why it’s vital to hire an experienced bail lawyer to give yourself the best possible chance.
However, you can have what’s called a bail review. This is possible if you appeal against the bail decision, and it’s reviewed in a higher court. Not everyone is entitled to a bail review as you have to have good reasons for making an appeal.
You can’t ask for an appeal just because you didn’t like the decision. It needs to be argued there was an error of law, a significant change of circumstances, or a procedural error. It can also be argued you are unlawfully detained, which is called a writ of habeas corpus.
You can theoretically have several bail reviews, but the court can deny the application if it feels you don’t meet the grounds for an appeal. Due to the difficulties in getting a bail review, it’s best to act as if you only have one chance of being granted bail.
Related Article: https://www.agpllp.ca/what-is-a-bail-hearing-and-how-long-does-it-take/
Understanding The Bail Hearing
The purpose of the bail hearing is to determine whether the accused is at risk of skipping their court date, or either being a threat to public safety or public confidence. This bail hearing will be heard within 24 hours of your arrest.
There are generally three reasons the crown may argue that you shouldn’t be released. The first is being a flight risk. If it’s likely that you’ll flee, then you’ll be denied bail. This is often the case for more serious crimes that carry lengthy sentences.
Bail will also be denied if you are a threat to public safety. This can be either a threat to the public in general or a specific individual. Finally, bail can also be denied if your release would undermine public confidence in the justice system, which can happen in high-profile cases.
Both your bail hearing lawyer and the Crown prosecution can present arguments and evidence for and against your release. If released, it will often be with certain conditions such as house arrest, curfews, and electric monitoring.
What Happens If Bail Is Denied?
If bail is denied you can apply for a bail review, but this is far from automatic. As mentioned, this can only be done for a few select reasons:
A Legal Error – It can be argued the judge made an error in applying the law. For example, they misinterpreted legal principles that were a key factor in making their decision.
Significant Change in Circumstances – You need to be able to show strong new evidence or show that your circumstances have changed considerably. For example, your bail may have been denied as you didn’t have a suitable surety (someone responsible for you) which you now have. Any small material change of circumstances won’t be accepted.
Procedural Irregularity – If there is an error in procedure, this can be used to appeal the bail decision. For example, you weren’t given an opportunity to present evidence or the Crown introduced inadmissible evidence.
The Importance of a Bail Hearing Lawyer
As you can see, it’s highly likely that you’ll only have one shot at being granted bail. You want to give yourself the best possible chance of gaining your freedom until your trial. That means finding an experienced bail hearing lawyer who can make a strong argument for your release.
A bail hearing lawyer will quickly be able to gain any evidence needed and present a strong argument in court. Not only is a lawyer important in having your bail granted, but they can also ensure your bail conditions are as reasonable as possible.
It’s best not to take any chances with your bail as the consequences of being denied can be severe. Even if you eventually get found not guilty at your trial, being denied bail can have serious implications for your personal and professional life.
Related Article: https://www.agpllp.ca/do-you-need-a-lawyer-for-a-bail-hearing/
Final Thoughts
So, how many bail hearings do you get in Canada? While it’s possible to appeal for a bail review, you only get one shot at a bail hearing. If your bail is denied, you need exceptional reasons to appeal. This showcases the importance of giving yourself the best shot at avoiding custody.
That involves hiring an experienced bail lawyer who can not only guide you through your bail hearing but also be there for your trial. If you’re in need of legal help, contact AGP LLP today and we’ll be happy to see how we can help.
