JUDICIAL INTERIM RELEASE
The term bail (or judicial interim release) refers to the release of a person from custody who is charged with a criminal offence while they wait for their trial.
Securing bail is often the first and most important priority in a criminal case. Criminal trials can occur months and even years after the initial arrest of an accused. All individuals charged with a criminal offence have lives which can be severely disrupted by pre-trial custody. This includes employment, education, family, and accommodation obligations. Furthermore, accused persons who are outside of custody can more adequately prepare for trial or a guilty plea. This is particularly important when it comes to reviewing disclosure, obtaining support letters, and enrolling in counselling.
Yoav provides the following bail-related legal services:
Yoav has extensive experience negotiating with both the police and Crown prosecutors in order to secure his clients’ release prior to a bail hearing.
In the event that an accused is not released by police or by consent of the Crown, he or she must be brought before a provincial court judge or justice of the peace for the purposes of a bail hearing.
There are three grounds in which an individual charged with a criminal offence can be detained at a bail hearing: 1) to ensure an accused will remain in the jurisdiction and attend court; 2) to ensure public safety; 3) to maintain confidence in the administration of justice. At the end of a bail hearing the provincial court judge or justice of the peace then determines whether the accused should be released or held in custody pending trial. An accused can be detained on one or more of these grounds. In some cases, there is a reverse onus which means that the detained person must establish why he or she should be released from custody. An example of such cases are drug trafficking and importation cases.
The success of a bail hearing can often depend on a number of factors including but not limited to: a comprehensive bail plan (a plan for residence, employment, and possible supervision once release has been secured), appropriate sureties (individual(s) willing to supervise an accused person and ensure they are abiding by their bail conditions), and securing cash or security deposits.
There are many circumstances where bail conditions can interfere with aspects of an accused person’s life including: employment, family, medical, and religious obligations. Bail variations can only be done by means of negotiation if the Crown agrees to the change, or by applying to a higher court for a review where the court orders the change.
Bail Review Applications
A bail review is essentially an “appeal” to a higher court of a judge’s order to 1) detain an accused person, or in some circumstances, 2) impose certain conditions that an accused person must abide by while out on bail. Bail review applications require extensive preparation and case assessment including but not limited to: ordering copies of the Information or Indictment, ordering transcripts from the previous bail hearing, determining qualification for bail review, drafting and serving all of the necessary documentation, and, where necessary, interviewing new sureties and crafting a comprehensive bail plan.
Bail Pending Appeal
An appeal court can grant bail during the time it takes for an appeal case to be processed and the appeal to be heard. A convicted person can only apply for bail pending appeal after sentencing has taken place. Further, the convicted person must have a right of appeal as well one or more arguable bases of appeal. An Appellant must establish that his appeal is not frivolous; he will surrender himself into custody accordance with the terms of the bail order; and that his detention is not necessary in the public interest. Determining the validity of the grounds of appeal is not required. “Not frivolous” means “[c]an the appellant show arguable grounds for the appeal going forward?” The conditions of release are often stricter since the individual making the application is no longer presumed innocent.
Bail pending appeal applications require extensive preparation and case assessment including but not limited to: ordering copies of the Information or Indictment, ordering transcripts from the previous trial, ordering appeal records, determining the qualification for and merits of an appeal, drafting a memorandum, drafting and serving of relevant documentation, and, where necessary, interviewing sureties and crafting a comprehensive bail plan.
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