BAIL REVIEW FAQ
A bail review application is also the remedy used when the crown attorney fails to agree to a bail variation. An accused can file a bail review application in Superior Court seeking a variation of a bail condition.
In order to bring a bail review application, the accused must demonstrate that the lower court judge made an error in law or that there has been a material change in circumstances that would warrant the release of the accused while he/she awaits his/her trial date.
Affidavits (sworn statements) are required as part of the bail review application from both the accused person and the sureties (the persons who have agreed to supervise the accused while on bail).
As part of the application the accused must also file a transcript from the original bail hearing. This transcript will assist the judge reviewing the application to consider why a detention order was imposed or why a particular condition was imposed in the first place.
Once a day has been selected to argue the application, the lawyer along with the accused and the sureties will appear before a judge in Superior Court to argue why the release of the accused or a bail variation ought to be granted.
If you need help with your bail review application call us for a FREE CONSULTATION at 647.352.BAIL (2245).