If you’re arrested on suspicion of committing a crime in Alberta, you may be required to attend a bail hearing.
This is when a Provincial Court Judge or Justice of the Peace decides if you should be released before your trial. Release may be granted in exchange for a sum of money, a surety or on a form of promise to return for court.
If you’re charged with a criminal offence, you’re likely to be disorientated during the initial legal proceedings. It’s helpful to know what to expect with the bail hearing process and what will happen next.
What is bail?
Bail (also known as judicial interim release) involves the release of those charged with crimes before a trial for their charges.
The right to apply for bail is protected under the Canadian Charter of Rights and Freedoms but it is up to the court to decide if it is granted.
Most people arrested and charged with a crime in Calgary are initially held in the detachment where they were arrested. For those charged with non-serious offences, such as impaired driving, a release may be granted by the police without the need for a bail hearing. This is called a promise to appear or an undertaking (with or without restrictions applied).
For more serious offences like violent or sexual offences or if the police have reasons for not releasing an accused person, a bail hearing within 24 hours of being charged will be arranged.
What happens at a bail hearing?
The hearing at which a judge or Justice of the Peace decides whether to release the accused is called a bail hearing. It does not determine whether or not the accused is guilty — only if he or she can be released into the community on reasonable bail pending a trial.
At the hearing, the prosecution will present evidence of why bail should not be provided. This may include a summary of the allegations, the criminal record of the accused, testimony by witnesses, and so on.
The accused can be represented by a criminal defence lawyer, who can often be influential in securing bail. During the hearing, a decision will be made whether there is just cause for the accused to be released or whether he/she should be detained until the trial.
If bail is granted, the judge will need to decide whether the accused is required to pay a cash bail as well as the conditions and restrictions of the release.
What are the possible outcomes of a bail hearing?
The bail hearing will result in one of these three outcomes:
- The release of the accused
- The further detention of the accused
- An adjournment of the case without a bail decision
If no decision is made, a new hearing date will be scheduled.
Generally, bail will be granted unless the accused poses a risk to public safety in the community or is a “flight risk” (he/she may not attend future court appearances).
Sometimes, another reason for declining bail is that the release of the accused could cause the public to lose faith in the justice system.
If the judge or JP is satisfied that the accused does not pose any threats, he/she is released from jail (once the bail amount is posted, if necessary) until their trial.
At the end of a successful bail hearing, the bail conditions are set and a new court date to appear is scheduled.
What are the typical conditions of bail?
Cash bail may be necessary but it is not always the case. It depends on the circumstances,
Generally, only major cases are highlighted in the media and these often require a monetary amount. However, in many less serious cases or in cases where the accused has minimal means to pay, a cash payment may not be required,
If cash bail is required, the accused will be released after the payment is made. This will be returned after the bail period ends, providing the conditions of bail have not been breached.
If no cash bail is required, other conditions and restrictions of bail are usually applied as “security” against the release of the accused.
The most restrictive type of release is with a surety. This is where someone of good character in the community must promise to supervise the accused.
If the accused fails to abide by the bail conditions, he/she can be re-arrested and charged with the additional crime of breaching bail conditions.
Typically, the conditions and restrictions of bail include some or all of the following:
- No contact with certain individuals
- No visiting certain places or attending certain events
- No travel outside the city or province
- Confinement at home during certain times (e.g., a nighttime curfew)
- Mandatory counselling or treatment
- No use of the Internet or certain websites
Call us to arrange a confidential consultation
To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.
