Bail review and variation

Bail review and variation

Bail review

If an accused is detained at a bail hearing, he may apply to a higher court for a review of the detention order. It can take a week or longer to convene a bail review as the detainee nearly always has to first obtain a copy of the transcript of proceedings from the bail hearing. The Crown can apply to a higher court for review of an order releasing the accused.

Changing the bail conditions

The court can vary the conditions of release if the prosecutor consents. In domestic assault cases, the accused frequently seeks to delete the no-contact condition which keeps him separated from his family and compels him to take up residence outside the family home. As a matter of policy, the Crown generally will not consent to such a change. The accused’s only recourse is thus a bail review. Often, an accused will plead guilty just to quicken his return home.

Bail Compliance Checks

Police may show up at the home of the accused at random times to check that he or she is complying with his or her bail conditions. For example, police might check to see if the accused is home in keeping with a curfew condition. Or they may ask other residents where the accused has been staying to determine if there has been a breach of a residency condition.

Police are entitled to carry out such checks as part of their general duties. But the accused, sureties and others are under no obligation to assist by answering police questions.