Bail hearing may also be called a “show cause hearing”. The police are obligated to show cause why the accused should not be released from custody. The judge under the Bail Reform Act of Canada must consider four (4) things;
- If released from custody will they commit the criminal act again?
- Is the identity known to the police and justice system?
- Will the accused return to the court at a later time to appear for their trial?
- Has any evidence required for the trial been obtained?
During a show cause hearing the onus is on the police and crown attorney to explain to the judge why the arrested party should kept in custody and not be released.