The factors to be considered at a bail hearing are:

Whether the accused is likely to flee or attend court

Will the accused comply with conditions imposed by the court

Whether the accused person is likely to reoffend

The strength of the case against the accused.

All of the above factors are based on opinions, not evidence, formed by the Crown and by the Court. Many courts, improperly, work from the premise that the accused should be denied bail unless they can "prove" that they are good candidates for bail

Sureties

A surety is a person who will act as a supervisor and ensure that the accused person attends court, does not breach the conditions of release and does not re-offend.

A surety cannot have a criminal record, must be over 18 years old, be able to supervise the accused on a day to day basis, understand the conditions the court might impose on you, and arrive at court on time.

You should have one or more sureties in court at your bail hearing.

Normally, if you are going to be released, you will be released into the care of your surety

The surety might have to pledge a certain amount of money (post bail) to ensure you will abide by the conditions which are imposed on you. Usually the surety need only demonstrate that he/she has the money and does not have to pay or deposit the actual cash funds into court. The amounts range from $550.00 to $5,000.00, but can vary greatly and go much higher.

Bail conditions are not supposed to be punishment but in reality it exactly that. Punishment without trial.

 

Bail is still infinitely better than jail.

COURTS DENY BAIL

MORE OFTEN THAN THEY GRANT IT.

In London Ontario bail court on Christmas day a few years ago, a judge heard 27 bail applications.

She denied bail to 25 of the 27 accused and jailed them. This is not a rare occurrence. Merry Christmas.

The courts are afraid of being blamed for releasing someone who might go on a rampage the next day, so people, mostly men,  who should be released, are jailed pending trial.

If you are charged with any crime, you will have a serious problem getting bail.

The bail system is broken and does not work.

Half the people in our Canadian jails were denied bail and have not been convicted or tried, but they can easily spend up to a year in jail waiting for their trial.

This leads to countless false guilty pleas by men in order to be released even though they are not guilty.

Every judge and lawyer knows this is happening but no one cares.

A cheap simple alternative to jail would be ankle bracelets.

Grounds for detention

There are three different grounds for detaining an accused prior to sentence.

 

They are commonly referred to as primary grounds, secondary grounds, and tertiary grounds.

 

Primary grounds refers to whether detention is necessary to ensure the accused's attendance in court. Considerations include the accused's criminal history, their behaviour in the matter before the court, their connections (or lack of) with the jurisdiction, and the type of offences before the court.

 

Secondary grounds refers to whether detention is necessary for the protection or safety of the public. This includes whether there is a substantial likelihood the accused will commit a further offence or interfere with the administration of justice.

 

Tertiary grounds refers to whether detention is necessary to maintain confidence in the administration of justice, and is generally reserved for very serious offences.

 

The four factors to consider are:

 

• the apparent strength of the prosecutor's case,
• the seriousness of the offence,
• the circumstances surrounding the offence, including whether a firearm was used, and
• if found guilty, whether the accused is liable to a potentially lengthy term of imprisonment, or if a firearm was involved, faces a minimum of 3 year of jail.

source: Wikkipedia AUG 2019

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