After a person is arrested they may be held for a bail hearing. Bail hearings are very important as the Court will decide whether the person will be released from jail pending their trial. Additionally, the Court will order terms of release that the accused is bound to follow. Those terms can be onerous and may include a curfew, boundary restrictions, ban on alcohol, not to engage in certain businesses and even house arrest.

The witnesses at a bail hearing must be properly prepared and know what they are getting themselves into. They have to know what questions will be asked of them in cross-examination by the Crown Attorney, and that the wrong answer to any of those questions could result in the detention of the accused.

If the accused does not get bail at the bail hearing he can always bring an Application to the Superior Court for a bail review. This will take a minimum of three weeks during which time the accused must remain in jail.
Back to Practice Areas