Bail Review

If a detention order has been ordered by judge or by a justice of the peace in lower court, then your only recourse to overturn that decision is to bring a bail review application in Superior Court (“higher court”).

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.

Once an error of law or material change of circumstances exists, the accused must file an application with the Superior Court before the application can be heard.

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.

The court will require three business days of notice before the application can be argued before a judge.

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.