Bail hearing

An appearance before a justice of the peace or provincial judge to determine if conditions exist for a prisoner’s conditional release pending trial, and, if so, what those conditions are.

A court hearing, usually held soon after the initial arrest, at which it is determined whether the accused will be detained in a custody facility pending trial or released, often with some conditions imposed (e.g., refraining from contacting the complainant). Technically in the Criminal Code, a bail hearing is referred to as a “judicial interim release hearing.” It is also called a “show cause hearing,” since the onus is generally on the Crown to show why the accused should not be released pending trial. “Detention before sentencing” is largely governed by the provisions of Part XVI of the Criminal Code, which determine whether an accused person should be detained, modified by provisions of sections 28 to 31 of the YCJA, which encourage release of youths, allow for release under parental supervision, and require detention separate from adults.

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