If an accused person is taken into custody and held until he or she appears in court, a bail hearing must be held within twenty-four hours or as soon as possible. The Court decides whether to detain the accused person before the case is dealt with in court.

At the bail hearing:

  • the Crown prosecutor summarizes the nature of the offence, the evidence against the accused and the factors that will assist the Court in deciding if the accused should be held in custody or released until the trial. In some places, the police may represent the Crown prosecutor at bail hearings; and
  • the Court must take into account any evidence about the need to ensure the victim or witness’ safety. This can include the seriousness of the charge or whether it involved violence.

The accused will then either be kept in jail until the case is in court, or released.

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