Bail and Bail Hearings in Canada
Bail Hearings in Canada. First of all its better for you to know that what is Bail. in a condition that a person is charged with a criminal offence , He/She needs a Bail.
Bail is written permission from a court that allows the charged person to be out of jail while they wait for their trial, or some other result in their case. in addition , you may ask what is Bail Hearing. Bail Hearing is not a trial. a bail hearing is held and a judge or a justice of the peace decides whether the accused will get out on bail or not.
There are two conditions if a person is arrested and charged with a criminal offence :
- be released. (if they sign a form saying they promise to attend court on the date given to them by the police).
- not be released. ( that person will be taken to court and the court will decide to release that person or not).
What happens in a Bail Hearings ?
In most situations , the crown will present the allegations to the court by reading out the allegations. In some situations , the Crown will present the allegations by calling witnesses or a witness to testify in the court. usually , the witness will be the police officer in charge of the investigation. after that , the accused’s lawyer should present evidence.
It’s better for you to know that the accused’s lawyer will try to convince the court.
if that person be released on bail, He/She will obey bail conditions. they should obey bail conditions either on their own or with the assistance of a surety to supervise them.
after both sides are finished giving their evidence, they make arguments to the judge. then the judge decides to either release the accused on bail or keep them in jail while they wait for their trial.
it’s better for you to know that a person is charged with a criminal offence should has some responsibilities to the bail according to attorneygeneral website. He/She should attends to the court if they want. also He/She should follows the conditions of the bail. But , He/She doesn’t need to prove to the court that why He/She got out on bail.
Bail and Bail Hearings Conditions
The accused has to follow the rules of the Bail conditions while they are out on bail. The conditions may be variable. There are some important thing that you should know about Bail conditions.
One the important things , is that they can be changed. the name of the process is Bail Variation. The second important thing that you should also know is that there are two situations in Bail Variation. the conditions can change only by the crown or if the person applies to a higher court for a review. but eventually , the court orders the change. most of the times , the accused will need to deposit cash with the court.
There are two conditions that the accused should deposit money to get out on bail. 1-That person doesn’t live in Ontario. 2-That person lives 200 km and more from jail.
You should also know another important thing. The decision of whether or not the person gets out on bail will be based on relevant factors. Here are some examples :
- The seriousness of the charges
- The ability of the bail to supervise the accused
- The age and personal life conditions of the accused
- The Protection of the public or the alleged victim
The Bail Process for under 18 years olds
there are some different situations.
If under 18 years old accused isn’t granted bail , the court may place them in custody of another responsible person. in addition , they can have new bail hearing if He/She is not released on a bail.
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