The accused is released after a bail hearing unless the Court feels that they must stay in jail:
- to ensure that they show up in court;
- to keep the public, including victims and witnesses, safe; or
- to maintain confidence in the administration of justice.
The Court may decide to release the accused person. Victims of crime have the right to ask for copies of the bail order. This is a record of the Court’s decision. The Court must state that it took the safety of every victim of the offence into account.
If the Court decides to release the accused person, it may impose conditions on the accused. These conditions are included in the bail order. The accused may have to:
- report to authorities;
- remain in the area;
- not contact the victim or witness through a no-contact order;
- not attend a specific address or area, and comply with any other conditions that victims or witnesses need to be safe.
Where the offence charged involves violence, a weapon, or criminal harassment, the Court must then add a condition that forbids the accused to have any weapons.
The Court may choose not to release the accused from custody. The Court may still grant a no-contact order. This orders the accused not to contact victims, witnesses, or any other person identified in the order. A no-contact order covers all types of contact. These include letters or phone calls from or on behalf of the offender.
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