A bail hearing — formally called a "show cause hearing" — is typically held within 24 hours of arrest. It's one of the most critical stages of a criminal case, and having a lawyer can make the difference between going home and spending months in custody awaiting trial.
What Happens at a Bail Hearing
The Crown (prosecution) must "show cause" why you should be detained, or you must show why you should be released. The judge considers three grounds:
- Primary ground: Will you appear for court? (flight risk)
- Secondary ground: Are you a danger to the public or to witnesses?
- Tertiary ground: Would your release bring the administration of justice into disrepute?
Types of Release
- Undertaking: Released on your own promise to appear
- Recognizance: Released with conditions (curfew, no contact, no alcohol)
- Recognizance with surety: Released with a surety (someone who pledges money)
- Cash bail: A deposit held until the case is resolved
The Role of a Surety
A surety is someone who takes responsibility for ensuring you attend court and follow your conditions. They don't deposit money upfront but pledge an amount (their "recognizance") that can be forfeited if you breach conditions or fail to appear.
Bail Conditions
Common conditions include: no contact with the complainant or witnesses, reporting to police, surrendering your passport, abstaining from alcohol or drugs, house arrest, and electronic monitoring (EPCA).