Bail Hearing

If you are not released after your arrest, you are entitled to a bail hearing within 24 hours of your arrest and dentention.

You are constitutionally guaranteed reasonable bail. This does not mean that every person will be released.

A Justice of the Peace decides whether or not you will be released or held in jail until your trial.

At the bail hearing the crown must show why you should be detained in custody, but more and more often, the accused person must show why s/he should be released.

Be prepared at your bail hearing to show a plan for release.

A full release plan includes, among other things,

• A place where you will reside or live.
• One or more sureties
• Counseling where appropriate.

The presumption of innocence does not seem to apply in bail hearings. The courts are now also in the business of prescribing medical treatment without a licence (imposing counselling, anger management courses etc) regardless ot whether it is justified or needed. It is politically correct, so it is done.

The factors to be considered at a bail hearing are:

• Whether the accused is likely to flee or attend court
• Will the accused comply with conditions imposed by the court
• Whether the accused person is likely to reoffend
• The strength of the case against the accused.

All of the above factors are based on opinions, not evidence, formed by the Crown and by the Court. Many courts, improperly, work from the premise that the accused should be denied bail unless they can "prove" that they are good candidates for bail.