How Long Does a Bail Hearing Take in Canada?
Canada is one of the living friendly countries in the world. All the accused person deserves a bail hearing in a certain period. But how long does the bail hearing period take in Canada? We will discuss that just right now!
The bailing system in Canada promotes public safety to ensure the highest possible rights and freedoms of a person. Bail hearing in Saskatchewan or any other province go through the same process.
Let’s have a short brief on what bell is and what is the purpose before going into the main discussion.
Contents
What is Bail Hearing System is All About?
Bail bonds Wyoming as in many other states, bail bonds operate within the legal framework established by state law. Here are some key points regarding bail bonds in Wyoming:
Bail is a system that allows a charged person to be released until their trial ends. All the criminally charged persons do not get bail. But the police can take a statement and bail the convict depending on the crime and condition.
What is Bail Hearing?
The bail hearing reprises the when a judge decides that factor that may keep the convict in jail or allowed to go back home during the criminal case in court. But bail hearing holds some rules and regulations. A convict can go back to jail in case of not abiding by the rules.
What is The Purpose of The Bail?
Canadian government want to ensure all the constitutional rights to their citizens. Giving bail is an example of the freedoms and rights of the charged persons.
There is a simple purpose of the bail. Canadian law does not want innocent people to be arrested without proving their guilt.
How Long Does a Bail Hearing Take in Canada?
When someone charges anyone for any guilt, he gets some possible options to deal with. The total time period is consisting of all the task. You will have a clear concept after skimming through the details.
Police Action
First, one of the following things can happen to the person.
- Letting Go: The officer can release the person after giving an order to come at the court on right time. Besides, police may have the person sign an paper with certain conditions.
- Holding In: In case the first option is not applicable for the potential harmfulness, police can hold the person in custody for bail hearing.
Bail Hearing
If the convicted person is not lucky enough, the following process will take place after he is arrested by the police.
- Detain: In the bail hearing process the justice of the peace decides whether the accused person is detaimned or released. If the officers decide to detain the person before bail hearing, they will keep the person at the detention facility or a pace station.
- Bail Hearing: Under the Criminal Code in Canada, accused persons have rights for the bail hearing within 24 hours. If the judge is not available for the moment for holidays, the process can delay upto 72 hours, but not more than that.
- Hiring Lawyer: All accused persons have their right to speak to a lawyer. It is alright if they could hire a lawyer. There speak with the duty counsels in case they failed to hire a lawyer.
- Presumed Decision: The judge can determine whether the accused should be released in the bail hearing or not. The Charter stated a presumption about the release. The judge gives the accused an opportunity to submit a plan after the release.
- Detaining Decision: The court consider three grounds to send the accused to the detention center.
- Primary Ground: Detention ensures the attendance of the accused in court on time.
- Secondary Ground: Detention ensures the protection of the public from the accused.
- Tertiary Ground: Detention keeps the public trust in the justice system.
- Ladder Principle: The ladder principle determines the form of release, in which the maximum restriction can be house arrest.
- Surety Recognizance: Surety recognizance involves a person paying some money as a pledge saying they will lose it if the accused does not follow the condition.
Why Someone Can be Refused to Bail?
The Criminal Code has three points to justify holding an accused inside custody. Here are the possible reasons to get rejected from bailing.
- Bails are rejected if the accused fails to comply with past bail records in their past or has a serious criminal record.
- Bails are rejected if there is the possibility of public harm by the accused.
- Bails are rejected if the accused does not give a proper bail plan or does not have a living place.
Bail Plan Preparation
The well-planned preparation for a bail hearing will allow an accused to have enough release time. The accused must include the following things in the request.
- The living places
- The name and address of the person who will supervise
- The necessary release conditions
- Information about the job and course
- The plan for tracking the court dates
Wrap Up
Canada offers all the help it could manage to the accused to have bail and fight their charges in court. But you must consult a good law firm to prepare your bail request showing accurate reasons.