What is a Bail Review?

A bail review is a court proceeding where the Ontario Superior Court of Justice re-examines the bail decision made by a lower court. This process provides an opportunity to challenge the denial of bail or the conditions imposed and to present new evidence or arguments.

When Can a Bail Review Be Sought?

A bail review can be sought under the following circumstances:

• Denial of Bail: If the accused was denied bail at the initial hearing and remains in custody.
• Unsatisfactory Bail Conditions: If the bail conditions imposed are deemed too restrictive or unreasonable.
• Change in Circumstances: If there has been a significant change in circumstances since the initial bail hearing.

The Bail Review Process

1. Filing the Application:

• • The bail review process begins with filing an application at the Ontario Superior Court of Justice. This application must include an affidavit outlining the grounds for the review, supporting evidence, and any new information that was not presented at the original bail hearing.

2. Notice to the Crown:

• The application must be served to the Crown prosecutor, providing them with notice of the bail review request. This allows the Crown to prepare and respond to the application.

3. Preparation for the Hearing:

• Both the defence and the Crown prepare for the bail review hearing. This may involve gathering additional evidence, preparing witness testimonies, and formulating legal arguments.

4. The Bail Review Hearing:

• During the bail review hearing, both parties present their arguments before a judge of the Ontario Superior Court of Justice. The defence seeks to demonstrate why the initial bail decision should be reconsidered, while the Crown argues for maintaining the original decision or conditions.
• The judge considers the following factors during the bail review:
• Primary Ground: Whether the accused will attend all court appearances.
• Secondary Ground: Whether the accused poses a risk to public safety.
• Tertiary Ground: Whether releasing the accused would undermine public confidence in the administration of justice.

5. Decision:

• After hearing the arguments and reviewing the evidence, the judge makes a decision. The possible outcomes include:
  
• Granting Bail: The accused may be released with or without conditions.
• Modifying Bail Conditions: The existing bail conditions may be altered to make them more reasonable.
• Denying the Application: The judge may decide to uphold the original bail decision.

Our lawyers have extensive experience with bail hearings and bail review applications and can help secure the release of you or a loved one. To reach an experienced Toronto Criminal Lawyer that specializes in Bail Review application contact our office immediately at 647-352-BAIL (2245).

To learn more about the Bail Review process please visit our FAQ page