Bail
Q -What is bail?
A - Bail is a process in which a person charged with an offence
is released from custody with or without conditions pending final disposition
of his or her case. If you are arrested and detained at the police station,
you have the right to a bail hearing before a judge within 24 hours, or as soon
as possible. The police may also release you within the 24 hours with or without
conditions requiring you to come to court. At a bail hearing a Justice of the
Peace or Judge determines if you should be released or held in custody until
your trial. You will be released without conditions unless the Crown Attorney
shows cause (provides sufficient reasons) why you should be detained, or that
there should be conditions put on your release. These hearings are known as
"show cause" or 'judicial interim release' hearings.
Q - What is a judicial interim release?
A - A judicial interim release is an order by a Judge or Justice
of the Peace that frees an accused person from custody prior to trial.
Q - What is a surety?
A - A surety is a person who enters into a bond for a certain
amount of money or security on behalf of another person. The person is responsible
for the accused person appearing in court and abiding by court imposed conditions.
If the accused person does not comply, the surety may forfeit all or part of
the bond.
Q - Does a judge have to grant bail?
A - No. However, Section 11(e) of the Canadian Charter of
Rights and Freedoms guarantees the accused the right not to be denied reasonable
bail without just cause.
There are some very serious crimes (set out in Section 469 of the Criminal
Code of Canada) for which a judge may not grant bail unless the accused can
show cause why he or she should be released. Examples are where the accused
is charged with murder or treason. Other examples, where it is up to the accused
to show cause why he or she should be released, are where the accused has failed
to appear in court in the past or where the accused has been charged with violating
a bail r or curfew order.
In all other cases, the Judge must grant bail unless the Crown Attorney shows
that it is necessary to keep the accused in custody for one or more of the following
reasons:
- To ensure the accused attends court. For example the accused may have a
history of not coming to court when required.
- In order to protect the public including a victim or witnesses. For example,
there is a strong likelihood that the accused will commit another offence
if released from custody.
- Any other reason which shows that detention is necessary in order to maintain
confidence in the administration of justice.
Q - Do I need a lawyer for a bail hearing?
A - Yes, if you can't afford a lawyer, you may qualify for
Legal Aid. You should contact Legal Aid or your lawyer as soon as possible after
your arrest. Often there will be a Legal Aid lawyer at the court. A lawyer will
be familiar with the rules and conditions for release, and can assist with issues
of fact or evidence that may arise.
Q - What are the terms and conditions of a judicial
interim release?
A - At a bail hearing, the judge has many options, but must
release the accused on the least restrictive terms possible. You may be released
on your promise to appear at the trial. Otherwise, if the Crown Attorney shows
cause why you should not be unconditionally released, the judge may put conditions
on your release. These conditions could include
- reporting to the police regularly,
- staying in the province and turning in your passport
- staying away from the victim and other witnesses and/or co-accused
- staying away from alcohol or drugs
- not possessing firearms
- paying money to the court to ensure that you attend the trial
- providing a surety to ensure your attendance in court. A surety pledges
property or other assets which may be forfeited if the accused fails to attend
or violates the conditions of release
- any other condition that the judge decides is appropriate in the circumstances
Q - What if the accused breaks the terms of bail?
A - A Judge or Justice of the Peace may issue a warrant for
the arrest of the accused if he or she is satisfied that there are reasonable
grounds to believe that an accused has violated or is about to violate the terms
of bail or has committed an indictable (serious) offence. The same applies if
the accused fails to show up for court.
Breaking a bail condition without a reasonable excuse is a criminal offence
that is punishable by up to two years imprisonment depending on how serious
the breach is. Violations include failure to appear in court. As well as being
charged criminally, your bail may be revoked and you may be detained in custody
until the court has dealt with the original offence.
Finally, if security was posted by you or your surety the Crown Attorney may
ask for it to be forfeited.
Q - Can a victim object to bail?
A - A victim who is concerned about the accused being released
from custody should contact the Crown Attorney who can bring those concerns
to the attention of the judge. The victim's concerns may be considered by the
judge in deciding whether the accused is a threat to the safety of the public.
If the accused is released on bail, the Crown Attorney or police may ask the
judge to include a condition that the accused have no contact with the victim.
Q - Can a bail hearing be adjourned?
A - Yes. You or the Crown Attorney may ask the judge to adjourn
that is to delay, a bail hearing. The hearing can only be adjourned for three
days, if the Crown Attorney asks for the adjournment but you do not agree to
it.
Q - Can an order granting or denying bail be appealed?
A - Yes. The Crown or the Defence may make an application
to the Nova Scotia Supreme Court to review a bail order.
Q - Where can I get information on Crown Attorneys?
A - Crown Attorneys work for the Public Prosecution Service.
The website is www.gov.ns.ca/pps
You can also look in the blue pages of the phone book under 'Public Prosecution'.
return to top of page
|
