If the Crown is not consenting to your release, then you require a bail hearing (also known as a “show cause” hearing) in order to be released from custody.
If you are detained by the Justice of the Peace at your bail hearing, there is still another step you can take. This is known as a bail review. An application for bail review can only be brought if you meet one of the following prerequisites: 1) there was an error of law made at your bail hearing, or 2) there has been a change in your circumstances. Examples of errors in law include a misapprehension of the evidence of witnesses at your bail hearing or the application of conditions with no connection to the allegations before the court. Examples of a change in circumstances include new or additional sureties being presented, the completion of an addictions program while in custody, or some of your charges being resolved.
Bail reviews can be a lengthier process than a normal bail hearing, however, it means that you may have a second shot at getting bail while waiting for the outcome of your charges.
If you or your loved one have been detained after a bail hearing and you would like to learn more about the bail review process, contact Cassandra or Kristen at DeMelo Law for more information.