A Crime Victim's Guide to the Criminal Justice System
Bail Hearings
If an accused person is taken into custody and held for court, the Crown prosecutor can oppose that person's release and
request a bail hearing. A bailhearing is a court hearing where a judge decides whether to release the accused person
before the case is dealt with in court.
At the bail hearing, the Crown prosecutor and the defence lawyer summarize the evidence against the accused. The judge will
consider such matters as whether the accused person has a criminal record or charges pending, the seriousness of the charge, and
whether it involves any violence.
The judge must consider any evidence submitted about the need to ensure the safety or security of any victim or witness to the
offence. Generally, the accused will be released unless the judge feels that custody is necessary to ensure that the accused person
shows up in court and that the public, including victims and witnesses, is kept safe.
If the judge decides to release the accused person, there may be conditions attached. These might include requiring the accused to
report in to authorities; remain in the jurisdiction; not communicate in any way with any victim or witness; and abide by
other conditions considered necessary for the safety and security of victims or witnesses. If the alleged offence involved violence,
a weapon or criminal harassment, the judge must also add a condition prohibiting the accused from possessing any weapons.
If the accused is not released from custody, the judge may still make a non-communication order that directs the
accused not to communicate, directly or indirectly, with victims, witnesses or any other person identified in the order. A
non-communication order covers all types of communications, including letters or phone calls from or on behalf of the offender.
Victims can get information about release conditions imposed on an accused person and may request a copy of the bail order.
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