What happens at a bail hearing in Ontario
A bail hearing decides whether a person charged with a crime waits for their case at home or in custody.
When does the hearing happen?
After an arrest, police either release the person from the station with paperwork, or hold them for a bail hearing. If they are held, the law says they must be brought before the court within 24 hours, or as soon as possible after that. [verify wording: Criminal Code s. 503] Weekends and holidays included — Toronto runs bail court seven days a week. [verify]
Where does it happen?
In the Ontario Court of Justice for the area where the arrest happened. In the GTA that usually means the Toronto courthouse at 10 Armoury Street, Old City Hall, Brampton (7755 Hurontario Street), Newmarket (50 Eagle Street West) or Oshawa (150 Bond Street East). [verify current bail-court locations and hours] Many hearings now happen by video from the police division or detention centre.
Who decides, and what are they deciding?
A justice of the peace, or sometimes a judge. They are not deciding guilt. They are deciding three things, in order: will this person come back to court, is the public safe if they are released, and would releasing them undermine confidence in the justice system. The Crown lawyer argues one side; the defence lawyer argues the other.
What does the court want to see?
A plan. Where the person will live, who will supervise them, what rules they will follow, and — if the court asks for it — money pledged as a promise. The court prefers the least restrictive release that still answers those three questions. [verify: "ladder principle"] A weak plan at 9 a.m. can mean days or weeks in custody while a better one is built.
What is a surety?
An adult who agrees to supervise the person and pledge an amount of money if they break the rules. Usually a parent, partner, sibling or close friend with a stable address and no serious record. The surety may have to testify. (Full guide: What a surety does.)
What can happen at the end?
- Released, with conditions (a release order).
- Released, with a surety and conditions.
- Detained — held in custody until trial, with a right to review that decision.
- The hearing adjourned so a plan can be prepared — usually a few days. [verify]
What should the family do tonight?
- Find a surety and get their name, relationship, address and whether they own a home or work.
- Gather any papers the police gave you or the person.
- Write down where the person is being held and the charge as you understand it.
- Get a criminal defence lawyer's office on the phone before the hearing.
Questions people ask
When does the hearing happen?
After an arrest, police either release the person from the station with paperwork, or hold them for a bail hearing. If they are held, the law says they must be brought before the court within 24 hours, or as soon as possible after that. [verify wording: Criminal Code s. 503] Weekends and holidays included — Toronto runs bail court seven days a week. [verify]
Where does it happen?
In the Ontario Court of Justice for the area where the arrest happened. In the GTA that usually means the Toronto courthouse at 10 Armoury Street, Old City Hall, Brampton (7755 Hurontario Street), Newmarket (50 Eagle Street West) or Oshawa (150 Bond Street East). [verify current bail-court locations and hours] Many hearings now happen by video from the police division or detention centre.
Who decides, and what are they deciding?
A justice of the peace, or sometimes a judge. They are not deciding guilt. They are deciding three things, in order: will this person come back to court, is the public safe if they are released, and would releasing them undermine confidence in the justice system. The Crown lawyer argues one side; the defence lawyer argues the other.
What does the court want to see?
A plan. Where the person will live, who will supervise them, what rules they will follow, and — if the court asks for it — money pledged as a promise. The court prefers the least restrictive release that still answers those three questions. [verify: "ladder principle"] A weak plan at 9 a.m. can mean days or weeks in custody while a better one is built.
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