If one comes into conflict with the law, one may be charged with a criminal offence, and detained for a bail hearing. A bail hearing is “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” (Bala, 2003). In Canada, the right to bail is constitutionally protected under the Charter of Rights and Freedoms (Charter). Section 9 of the Charter states that, “everyone has the right not to be arbitrarily detained or imprisoned” (Greenspan & Rosenberg, 2005). In addition, “everyone has the right on arrest or detention...to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful” (Greenspan & Rosenberg, 2005). According to Cunningham, A. H., & Griffiths, C.T. (1997) if the crown chooses to oppose the release of the accused, the Crown must demonstrate, at a show cause hearing, that detention of the accused until the trial date is necessary. In support of the recommendation that the accused be held in custody, the Crown can produce evidence of prior criminal convictions, other charges currently before the courts, or previous instances of failing to appear in the court. If the judge decides to release the accused, the conditions under which that release will take place must be determined. Again, the Crown must show cause why conditions should be attached to the release. Accused persons, even after the bail, must be required to relinquish their passport, report periodically to the police, and avoid contact with the complainant or other witnesses, or not posses firearms. Young offenders may be required to live with a responsible person who agrees to guarantee that they will appear in court (Cunningham and Griffiths, 2007). In some parts of Canada, accused persons who are released on bail maybe subject to bail supervision by probation officers and/or...
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