Bail Hearings:

Question: What should I expect during a bail hearing in Ontario, and how can I prepare to improve my chances of release?

Answer: If you or a loved one in Ontario has been arrested and not released, a bail hearing is the court process where a Judge or Justice of the Peace decides whether the accused stays in custody or is released back into the community while the criminal case is ongoing. You can generally expect that the court will hear from the accused about why release is appropriate, then review factors such as where the person will live, who will supervise them, what conditions would be reasonable (for example, curfew, work, or school), employment information, any drug or alcohol concerns, and whether court attendances might be missed. Detention is typically only considered if attending court, public safety, or confidence in the justice system requires it, and if the accused is detained on bail, another bail hearing may not be available. To get help with your case communications, documents, and legal-focused digital marketing materials, Marketing.Legal™ can support Ontario audiences with plain-language content and optimized outreach, so call (800) 551-5751 today.

What is a Bail Hearing?

A bail hearing is a legal proceeding wherein a Judge or Justice of the Peace determines whether or not an accused person should be kept in jail or be released back into the community while the criminal case in ongoing in Court.

If an accused person has not been released following arrest, they have the legal right to be brought to Court for a bail hearing within twenty-four (24) hours of their arrest, or as soon as is possible.

During the bail hearing, the accused has the opportunity to provide reasons to the Court for why they believe they should be released.  A Judge or Justice of the Peace will then decide to release the accused on bail or keep them in jail to wait for the next Court date.  If the accused is released, there will be conditions attached to that release, and it is very important that they are followed as they are written.  Any breach of any condition could lead to the accused being arrested and returned to jail, and with a likelihood of additional charges for the breach.

Preparing for the Bail Plan

Here is a list of things that the Crown Attorney will review when considering whether to release the accused:

• Where the accused will be residing;
• Who will supervise the accused;
• What release conditions will be reasonable (i.e., a curfew, work, or schooling to be considered);
• Information about the accused's employment;
• Whether there are drug or alcohol concerns; and;
• Whether Court attendances might be missed.

If an Accused is Detained

Detention can only be deemed necessary on three (3) grounds:

1. The accused may not attend Court when required;
2. The accused may commit another crime or the public may not be safe while out on bail; and,
3. The public may lose confidence in the justice system if the accused is released.

It is important to prepare properly for a bail hearing because if the Judge or Justice of the Peace determines that an accused should be detained, it is not possible for a second bail hearing to be held.