What happens when a person is arrested?

The police have options when an individual is arrested. The police can release the person from the scene, if the offence is relatively minor in nature such as a theft under or mischief under. If the charge is more serious, the police will take the individual into the police station for processing. Once booked in and formally charged, the police can release the individual directly from the station on a Promise to Appear or an Undertaking to a Police Officer with terms.

Again if the charge is more serious in nature, the police will hold the person for a “show cause hearing” otherwise known as a bail hearing.

What is a Bail Hearing?

The police must bring the person arrested before a Court for a bail hearing within 24 hours or sooner of the arrest. A bail hearing is a procedure governed by the Criminal Code of Canada where a justice of the peace or a judge determines if the person held in custody must remain in custody pending trial.

At a bail hearing, the person arrested is brought before the Court and the allegations are often read in through the prosecutor. In more serious cases, a police officer is called to advise the Court of the details of the charges. The Crown prosecutor determines prior to starting the bail hearing if they will consent to the person’s release or contest the release. If contested, the defendant (person charged) will proceed with a bail hearing. The defendant must be represented by counsel and the lawyer will call on the defendant’s behalf persons who offer themselves as “sureties” - persons who will sign the release for the defendant, pledge money in support of their duty to supervise and guarantee the release. A release order will have various terms and conditions that can include a requirement that the defendant reside at a specific address, not communicate with specified people, obey a curfew, or refrain from consuming alcohol and so on

Could the person arrested be detained?

The court typically considers three sets of factors on a bail hearing. If a person has a criminal record or has little attachment to the jurisdiction where s/he is charged, this can impact on whether the person is likely to attend for court or commit further offences. The court always considers the strength of the prosecution’s case and focuses on the risk to the community and to any complainant alleged in the offence.

The Canadian Charter of Rights and Freedoms gives everyone the right not to be denied reasonable bail without just cause. As such, bail, if granted, must be set at an amount within reach of the accused person or his or her sureties.

How Important is it to be prepared for the Bail Hearing?

It is much more difficult to defend a case when the accused person is jail. When an individual is on a release, s/he can return to work, education and their family. Life, although interrupted by the outstanding case, returns to some level of normalcy. Release from custody also affords a better opportunity to mount a strong defence.

It is crucial to present evidence in a coherent and comprehensive way at a bail hearing. All sureties must be well prepared before they testify. Necessary documents must be prepared and ready for the hearing. As for the evidence against the accused person, we often challenge the basis of the allegations in order to show weaknesses in the prosecution’s case and thereby gain an advantage for our client’s release.

There is no substitute for being prepared.

If you or someone you care about is under arrest and in need of legal advice and assistance with a bail hearing, we are available to assist and marshal a strong argument for his or her release.

Our lawyers are committed to the relentless pursuit of success for our clients. This starts with the arrest and carries through to the end of the trial.

Please call our direct line (416) 364-3111 or our mobile number (647) 227-0761.