There are no guarantees in a bail hearing; even the most detailed program with the most prepared sureties could result in the detention of the accused. That being said, there is no chance of gaining release for a person on serious charges without a detailed program and prepared sureties. If an accused person is detained, in 30 days (after the transcripts of the original bail hearing and the information have been obtained) an application can be made to review the detention order. This is known as a “Bail Review”. This is a much more costly and involved process which can result in the accused persons release from custody.

For this process to be successful, the evidence will have to demonstrate an error in law regarding the detention at the original bail hearing and/or a material change in circumstances. If the accused person is a Young Person he is entitled to a new bail hearing, or a Bail De Novo without having to wait for the production of transcripts.

 

 
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Jason E. Bogle
Double B.A Hons LL.B
Barrister & Solicitor

137 Berkeley Street, Toronto ON M5A 2X1
Phone: 416.482.0799
Fax: 416.482.0792