Bail Hearing - Information about Bail Hearings
A Bail Hearing is considered necessary when on one or more of the following grounds exists in a criminal prosecution;
1. To ensure that the accused attends court; e.g., if the accused has a history of failing to attend court or abide by other court orders
2. To protect the public; e.g., an accused could be detained if he has a criminal record for similar offences; in the case of an assault or threatening charge, a history of violence against the same complainant works in favor of detention
3. To maintain confidence in the administration of justice; the court will consider the apparent strength of the prosecution's case, the gravity of the offence, the circumstances surrounding its commission and the potential for a lengthy jail term
The bail hearing is arguably the most important step in the process of defending a criminal charge. An accused charged with a criminal offence and held in custody may remain in jail until their trial date unless there is a bail hearing and bail is granted, or he or she pleads guilty to the offence.
Since many courts are overburdened with criminal trials and resources are limited, this could mean that an accused person could remain in jail for approximately eight to ten months for a before getting a trial date unless a bail hearing is held.
An accused may apply to be released from custody and have a bail hearing. An accused should consult a criminal lawyer to ensure the bail hearing is properly heard.