Bail hearings are held to show why the accused should be kept in custody.
During the hearing the judge must consider 4 things:
- will the criminal act be repeated
- is the identity of the accused known
- will the accused appear for their trial
- has all the evidence been obtained
In a bail hearing the onus is on the prosecution to explain why the accused should not be released from custody.
Bail hearing may also be called a “show cause hearing”.