Bail Hearings are considered necessary when one or more of the following grounds exists in a criminal prosecution;
To ensure that the accused attends court;
- e.g. if the accused has a history of failing to attend court or abide by court orders,
- or if there is a risk that the accused would flee the jurisdiction,
- the prosecution could ask that the accused be kept in jail to ensure that they appear for the trial,
To protect the public;
- the accused should be kept in jail because they have a criminal record for similar offenses,
- a history of violence, or
- where there is a fear that the accused will return and hurt the victim or another person, or that the accused will commit other crimes.
- to ensure that no other crimes are committed while not in jail.
To maintain confidence in the administration of justice;
- the court will consider the apparent strength of the prosecution’s case,
- the gravity of the offense,
- the circumstances surrounding its commission and,
- the potential for a lengthy jail term.
To obtain or gather evidence for the court case;
- the police may have requested the accused be held in custody because the case is ongoing,
- the police may be still gathering evidence for the case,
- the police do not want the accused to be able to contact others involved in the matter.
Since many Toronto area courts are overburdened with trials and have limited resources, when a person is arrested they can remain in jail for many months, unless they are released at their bail hearing.
If you or a family member has been arrested and are facing a bail hearing in the Toronto area contact me to discuss the bail hearing process.