NOTE: This is a personal blog, any views or opinions represented in this blog belong solely to the CIFFConsulting Team. “WE ARE NOT Psychologists or Therapy Professionals,” all data and information on these blogs is for informational purposes ONLY. In the comments section we are hoping that people can outline their experiences and foster communication that will assist others going through similar events.
What is a bail hearing?
If the police does not release the person they have arrested, he/she must be brought before a justice for a bail hearing within 24 hours or as soon as possible. A bail hearing is a procedure where a judge or a justice of the peace determines whether the charged individual should be released on bail or held in custody.
Who is generally held for a bail hearing?
If an individual is arrested for a criminal offence, police can release him/her from the place where the arrest is made or from the police station. Or they may hold him/her for a bail hearing later that day or the next.
Types of Conditions a Judge can Impose -for bail.
When a determination is made by the Judge to grant bail, he/she can impose any or all of the conditions listed and more based on the facts of the charge and the individuals criminal history:
o Have a family member, friend or loved one be a guarantor that they will ensure the individual abides by the conditions the Judge will impose.
o remain within a certain area (city, country or province)
o deposit/tur in he/she passport to the authority
o notify police of any change in address or employment
o abstain from communicating with any person or from going to any place
o abstain from possessing a firearm and surrender any firearm
o report to police at specified times
o abstain from consuming alcohol or other intoxicating substances
o abstain from taking drugs except in accordance with a medical prescription.
The reasons why bail can be denied?
Detention is justified only if deemed necessary on one or more of the following grounds:
• to ensure that the accused attends court; e.g., if the accused has a history of failing to attend court or abide by other court orders
• to protect the public; e.g., an accused could be detained if he has a criminal record for similar offences; in the case of an assault or threatening charge, a history of violence against the same complainant works in favor of detention
• to maintain confidence in the administration of justice; the court will consider the apparent strength of the prosecution’s case, the gravity of the offence, the circumstances surrounding it’s commission and the potential for a lengthy jail term.
