Bail Hearing
What is a Bail Hearing?
- A bail hearing is not a trial.
- At a bail hearing, a Judge or Justice of the Peace will decide if you should be held in custody (jail) or released into the community while awaiting your ‘first appearance’.
- If you are granted bail, meaning you will be released from jail, you will have to follow conditions (bail order) given to you by the court. These may include but are not limited to:
- Not communicating with certain people (victim, co-accused).
- Not to be close to a person/persons or a place (i.e. not to be within 100 meters).
- Live at an address and inform the court/police of any change in address.
- You might also have something called a Surety or have to be part of a bail program.
What is a Surety?
- A Surety is someone who agrees to take responsibility for a person accused of a crime.
- The Surety has to make sure the accused person comes to court on time and on the right dates.
- The Surety has to make sure the accused person obeys each condition of the bail order, also known as a recognizance.
- The Surety must pay a specified amount of money if the accused person fails to obey the court order.
- The Surety can change their mind anytime and ask the court to be removed from your bail.
- If this happens, your bail release will be cancelled and you will have to turn yourself into the police until you can find a new Surety.
Case Study
Derek was released after arrest without being held for a bail hearing.
This is just a reminder that not everyone who is arrested will need to have a bail hearing.
If you don’t have a bail hearing, your first experience in court is called your “First Appearance.”
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