Bail Variations & Bail Reviews
What is a Bail Variation?
When a person, who is accused of committing a criminal offence is granted bail, various conditions will be imposed based upon the unique circumstances in their case that must be complied with for the entire duration of the bail, or until their case is resolved.
A Bail Variation is where the accused person, along with their North York, Toronto criminal defence lawyer, submits a formal request to the Court to have the conditions of their release changed. In order get the original bail conditions changed, the Crown lawyers must consent to the proposed changes or modifications of the original conditions.
Once a Bail Variation is approved by the Court, then the accused must comply with the modified Bail Order for the entire duration of their bail, or until their case is resolved.
What is a Bail Review?
After being arrested and charged with a criminal offence, an accused person is entitled to a Bail Hearing if they are not released by the police. During the Bail Hearing, the Justice of the Peace or Judge presiding over the hearing, could decide to hold the accused person in custody, pending the outcome of their charges.
If the accused person is detained in custody, they may request to have the detention order reviewed by a higher court and submit an appeal for bail. This process is referred to as a Bail Review.
The Bail Review process does take longer than the initial Bail Hearing. It is not uncommon for it to take several weeks before a higher court will agree to review the original detention order and reasons why bail was initially denied. As such, this is a complex and detailed process requiring the assistance of a qualified Bail Review defence lawyer in North York, Toronto.
In addition, the Crown lawyer prosecuting the case has the right to request a Bail Review with a higher court, in cases where the accused person was released on bail and the Crown does not agree the person should have been granted bail.
Further, a Bail Review may be necessary in cases where a Bail Variation hearing was held, and the Crown lawyer did not consent to the request to have the conditions of the original Bail Order changed or modified.
For more information about the Bail Hearing process, please visit Farjoud Law’s Bail Hearing page.
REASONS FOR BAIL REVIEW
Errors in Law
failure to consider one of the three grounds for detention: primary, secondary and/or tertiary grounds
misapprehension of evidence of witnesses at the show cause hearing
conditions with no relation to the allegations
Changes in Circumstances
New or additional sureties
Client addressed some personal issues related to offence while in custody (anger, addiction, mental health)
Change in the quantum of financial resources available to pledge to court
Charges withdrawn or discharged
Evidence discovered to weaken the case against the accused
Bail Variation/Review FAQs
In this FAQs section, we will review some of the more commonly asked questions about Bail Variations and Bail Reviews.
Why would a Bail Variation be necessary?
For certain criminal charges, the police have the authority to grant bail and released the accused person, without having to appear in front of a Justice of the Peace or Judge at a formal Bail Hearing. Just like the Court, the police impose various conditions that must be complied with for the entire duration of the bail, or until their case is resolved.
Rather than dispute specific conditions for release on bail, which could result in the accused person being held in custody, pending a formal Bail Hearing, it is often better to accept the initial conditions to get released, and then contact a criminal defence lawyer in North York, Toronto for assistance with getting the conditions of the bail release changed.
In other cases, where the accused person had a formal Bail Hearing in Court, but was not represented by their own criminal defence lawyer, the Court may have imposed various conditions which create difficulties for the accused person. As such, a Bail Variation proceeding would be necessary to get the original Bail Order changed.
What conditions could be changed with a Bail Variation?
The conditions one might want changed depends upon the original charges and unique circumstances of their case. As such, each person’s reasons for wanting their bail conditions changed often varies.
Am I required to adhere to the conditions of a Bail Order pending a Bail Variation or Bail Review hearing?
Yes. You are required to adhere to all of the conditions of the original bail order, regardless of whether you agree with them or they are creating difficulties. If you fail to comply with the original conditions, you could be accused of breaching the conditions of your bail.
If the Crown discovers the original conditions were violated, they can request to have the Bail Order rescinded and the accused detained in custody, pending the outcome of their charges. In addition, the Crown can request that the Court make the surety pay the money they guaranteed during the Bail Hearing for the release of the accused person.
What if I had planned a trip or vacation before I was arrested and released on bail?
In some cases, you may be required by the court to reside with the surety, pending the outcome of your charges. Temporary absences from the surety’s residence and supervision might be allowed with a Bail Variation hearing, largely dependent upon the circumstances of your case and the charges.
However, before going on your trip or vacation, you need to obtain the Court’s permission. Otherwise, you run the risk of being arrested for a breach of the conditions of your Bail Order. In addition, depending on where you are traveling to, the Court could deny your request, if the Crown lawyer does not consent to the temporary modification or if there is a chance you will not return.
Can bail still be denied during a Bail Review hearing?
Yes. The Higher Court may find the reasons why your bail was initially denied by the Lower Court sufficient and agree with their initial ruling. Just because a Higher Court agrees to a Bail Review hearing does not guarantee bail will be granted.
Contact Farjoud Law – Toronto Criminal Lawyer
If you or someone you care about has been charged with drug possession offence, it is in your best interests to speak directly to a criminal defence lawyer in North York, Toronto to find out your rights and get your questions answered. Call Farjoud Law now at (647) 606-6776 to speak with a criminal lawyer to discuss your matter. We are available 24 hours a day, 7 days a week.
Farjoud Law is located at 4950 Yonge Street, Suite 2200 in the neighbourhood of North York in Toronto, Ontario. Click here for directions to our law office.
Please note that this article is solely for informational purposes and should not be considered legal advice. In order to ensure the protection of your rights and interests, please consult a criminal defence lawyer prior to acting or relying upon any information.