Interim release hearing

If you are held in custody until your first appearance, the judge will hold a hearing to determine if you are to remain in custody until your trial or if you may be released, sometimes with conditions.

The judge must hold the hearing not more than 3 days after your first appearance, except if you consent to a longer period.

Grounds for continued custody

The judge may remand you in custody if the prosecuting attorney proves that:

• you may fail to appear before the judge for the next step in the judicial process;
• you are considered dangerous, because the judge considers you may:

• commit other offences;
• destroy evidence;
• harass the victim or witnesses;

• custody is necessary in order to maintain public confidence in the judicial system.

Conditional release

The judge may order your conditional release. Depending on the offence with which you are charged, the conditions may involve:

• remaining at a fixed address;
• not contacting the victim;
• not consuming alcohol or drugs;
• not possessing a firearm;
• maintaining good conduct and not disturbing the peace;
• attending court when required.

You must comply with the conditions until the end of your trial. Breaching the conditions constitutes a new offence and you may be returned to custody.

You may also be required to post bail.

Bail

The judge may require you to post bail to guarantee that you will comply with the conditions of your release and attend court when required.

Depending on what the judge orders, you will be required to:

• deposit the amount of the bail at the court office;
• promise to pay the amount.

The promise to pay may be made by another person, who becomes your “surety”. This may be a family member or friend.

If you fail to respect your bail conditions, the amount is confiscated. Otherwise it will be returned to the person who paid it once the judicial process is over, regardless of whether you are found guilty or acquitted.