JUDICIAL INTERIM RELEASE - BAIL APPLICATIONS
A BAIL APPLICATION MUST BE DONE THOROUGHLY THE FIRST TIME!!! DO NOT ATTEMPT A BAIL APPLICATION BY YOUR SELF!!
A BAIL REVIEW APPLICATION FROM A JUSTICE OF THE PEACE HEARING CAN TAKE 20 DAYS FROM THE INITIAL REFUSAL, AND YOU WILL BE IN CUSTODY UNTIL A QUEEN'S BENCH JUSTICE HEARS THE BAIL REVIEW, AT GREAT EXPENSE AND RISK TO YOU.
A PROPERLY PREPARED AND REPRESENTED BAIL APPLICATION IS THE BEST CHOICE TO AVOID NEEDLESSLY SITTING IN REMAND!!!
S. 515 of the Criminal Code
Where the Crown Prosecutor seeks to remand the Accused in Custody, and oppose your Release, you are entitled to have the matter heard by a Judge or Justice of the Peace.
CONDITIONS FOR RELEASE
Often, we can negotiate an Order of Judicial Interim Release so that the matter can proceed by Consent. Such conditions may be No Contact with the Complainant, an area restriction from a location, abstaining from alcohol or other intoxicating substances, etc.
HOWEVER, while on Release, there must be strict complaince with your Release Terms. Breaching a term will result in revocation of your Release Order.
GROUNDS TO REFUSE RELEASE S. 515 (10)
Your Release can be opposed by the Crown where:
- it is necessary to ensure your attendance to Court.
- where it is necessary to ensure safety and protection of the public.
- where it is necessary to ensure the confidence of the administration of Justice including strength of the Crown's Case, the gravity of the offence, whether a firearm was used, wher the minimum punishment is 3 or more years for a firearms offence.
- where there is potentially is a lengthily prison sentence.