In case an individual is charged with any offence or arrested by the police against any crime then the only person who comes to mind will be your Kanata Criminal Lawyer who is the only trusted professional who can help you during such an unfortunate situation. What happens next depends on the consequences of the lawyer’s consultation. However, there are certain steps that are surely being taken in case anyone is arrested on the charges of criminal offences. These steps include police investigation, bail hearing and criminal proceedings in the courts of law.
What is a “Bail”?
Bail refers to the temporary release of an individual while they are charged with a criminal offence and the charges are yet to prove in the trial court of law. Bail is known as Judicial Interim Release in the courts of Canada. The bail hearing is generally held by the Justice of the Peace which can be presided over by the Judges in some cases. A bail hearing should not be confused with the trial, because a trial is different from a Bail hearing. In case a Judge or a Justice of the Peace is presiding over a bail hearing, then they will not decide on the innocence or guilt of the accused. They will be discussing the release of the person in the society during the course of the case proceedings being conducted according to the criminal court system.
Unfortunately, if an individual is denied the permission of bail, then he or she has to be kept in judicial custody as long as the case is being heard in the courts of law. However, the accused always has the remedy to apply to the higher courts of law for reviewing the bail appeal.
What does generally happens at a Bail Hearing in the Courts of Law?
When an application to the bail is filed and the accused is present in the Bail court or the trial court, then the Crown’s position is relevant to be found out. This means, that the Crown is prepared for consent on the release of the accused on certain terms and conditions. In case the conditions as prayed by the Crown are found to be acceptable and reasonable then the accused will accept them and the Bail Hearing will be heard faster. The reading of the Justice will be done as per the agreed terms and conditions. Thereafter, the order will be passed wherein the accused have to appear in the court of law for his or her first appearance. There is a certain time gap of a few weeks from the date of order to the date of his or her first appearance.
The conditions to become agreeable are based on the circumstances wherein it becomes important for the lawyer of the accused to understand the history, lifestyle and character of the accused.
In certain cases, it is a common appearance that the Crown takes the position and declares that the accused must not be released from judicial custody. Or there are chances that the parties to the case fail to come to an agreed settlement of terms and conditions. Under both these circumstances, there Bail Hearing will be there and this is also known as the Show Cause Hearing.
During the hearing of the Bail as well as the Show Cause Hearing, the Kanata Criminal Lawyer will handle all the documentation and the legal formalities related to the case. Thereafter, certain appearances will be required and the accused will be accompanied by the experienced Criminal Lawyer from any reputed Kanata Law Firm.
Things that the Presiding Justice will consider for Bail Hearing
When Bail Hearing is held, the Judge or Justice of the Peace will take into consideration certain important factors. Some of the major factors are listed as hereunder:
- The Criminal history of the accused
- The charges, if they are serious and the injury caused to the victim
- The proposed surety or the number of sureties who will be supervising the accused.
- Protecting the complainant as well as the public
- The chances of the accused to commit the offences in future if released.
- The mental health, age, education level, and employment condition of the accused.
- The probability that the accused will attend the court if released on bail.
- Tertiary ground – where the detention of the accused is necessary for maintaining confidentiality while administrating the justice.
Whether you are going to get the bail on the relevant ground or not depends on the above-mentioned facts as well as the potential and knowledge of your Kanata Criminal Lawyer. As such, your lawyer is the best consultant and guide who can show you the exact picture of the bail hearing. In case, you require legal assistance or litigation lawyers, contact SKSM Law – one of the most reputed Kanata Law Firm that appears in all courts of law.
