Criminal Law – Show Cause Hearing (Bail Hearing)

Securing one’s freedom in the most expedited manner is the most important step after an arrest.  Everyone that is arrested is presumed innocent until proven guilty.  With that presumption of innocence, our legal system, for most charges, allows those that have been arrested to appear in court for a Bail Hearing.

The Bail Hearing is a judicial proceeding whereby the Justice of the Peace determines if a person charged with a criminal offence should be released to the public with conditions to await trial or be detained in jail as they await trial as per Section 515 (10) of the Criminal Code.

515 (10) For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:

 (a) where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;

 (b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and

 (c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including

 (i) the apparent strength of the prosecution’s case,

(ii) the gravity of the offence,

(iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

(iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-297.html#h-166

To ensure that a Bail Hearing secures one’s freedom, a viable plan must be presented to the Justice of Peace.  The plan must cover the concerns raised by the Crown Attorney.  The Crown Attorney’s concerns are found in section 515 (10) (a), 515 (10) (b) and 515 (10) (c). 

In most cases a “Surety” may be required to supervise the accused.  A Surety is a person that knows the accused and is willing to supervise the conditions of their release as per the order of the Court.

Other Judicial Proceedings may include Bail Reviews, Bail Variations, Bail Revocations and Bail Estreatment hearings.

I can help you develop a plan which may secure your freedom.

The law is vast and complex.  I can help!